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From Scholastica Onyeka, Makurdi
The National/State Houses of Assembly Election Petition Tribunal, sitting in Makurdi has adjourned to June 9 and 10 2023, for hearing in the election petition brought by Senator Gabriel Suswam, of the People’s Democratic Party, (PDP), challenging the return of Rt. Hon Emmanuel Udende, as winner of the March 2023 Benue North East Senatorial District election.
Joined in the petition are All Progressives Congress (APC) and Independent National Electoral Commission (INEC), as first and second respondents.
Chairman of the three-member panel, Justice Ory Zik-Ikeorha, fixed the dates at the conclusion of pre-hearing conference on Wednesday, 24th May, 2023.
Suswam, a former Governor of Benue State approached the Tribunal to void the return of Emmanuel Udende on the ground that he (Udende), did not score majority of the lawful votes cast at the election.
Terkura Pepe, SAN, who conducted proceedings on behalf of Mr Paul Harris Ogbole, for the petitioners, told newsmen after the conference that the call for the nullification of the result is based on the observable irregularities on the result sheets.
According to Pepe, there were mutilation, alteration and cancellation of figures to suit the purpose of the respondents. The petitioners are also moving the court to hold that the candidate that was returned winner of the election is non-existent.
According to Pepe, Udende Memsa Emmanuel, whose name appear no where in the register of voters in Benue North East was returned winner and the only close name to that, in their finding is Udende Memga Emmanuel, saying all the votes ascribed to him be voided.
Earlier, while addressing the court on his two applications, counsel to Udende, Eyitayo Fatigun, SAN, who appeared with Wilson Iorshe, Esq, Edward Ikyoive, Esq, Tavershima Pusa, Esq, wants the Tribunal to dismiss the petition for want of merit.
Speaking Matthew Burka, SAN, Suswam’s petition does not disclose cause of action and should be dismissed. He further asked the court to hold that the petition was abandoned and therefore, dismiss same.
According to Burka, Section 18(1) of the first schedule to the Electoral Act, 2022, specifies “procedural steps that ought to be followed,” arguing that failure to do so amount to abandoning the petition.
INEC on its part is asking the Tribunal to dismiss Suswam’s petition on the ground that it is incompetent.
Meanwhile, it was agreed during the pre-hearing conference that Suswam will take 10 days to present his petition, with Udende, having eight days for defence while INEC and the political parties have five days each.
The lone issue for determination, according to the Tribunal is whether or not the petitioners have proved their case that Udende was not returned by majority of lawful votes.
