From Godwin Tsa, Abuja
The Abuja division of the Court of Appeal on Wednesday affirmed the re-election of Senator Patrick Abba Moro of the Peoples Democratic Party, PDP for the Benue South Senatorial seat.
In a unanimous judgment, a three-member panel of Justices, said it was satisfied that Moro was the valid winner of the senatorial election that held in Benue South on February 25.
Justice Onyekachi Aja Otisi in her lead judgment held that the All Progressives Congress, APC, and its candidate in the election, Comrade Daniel Onjeh, did not establish their allegation that Senator Moro was not duly elected by a majority of lawful votes cast.
The appellate court further dismissed Onjeh’s allegation that Senator Moro tendered a forged birth certificate to the Independent National Electoral Commission, INEC, in aid of his qualification to contest the senatorial poll.
The court held that Onjeh did not adduce any evidence to support his allegation of forgery against Senator Moro.
“The allegation was a mere speculation. There was no forged document for the 1st Respondent to defend. No document, either original or photocopy was produced to prove the alleged forgery.
“There is nothing before this court to show that the 1st Respondent forged anything and tendered the same to the INEC in aid of his qualification.
“The Appellant failed to prove his case. This appeal fails and it is hereby dismissed. The judgement of the Legislative Election Petitions Tribunal delivered on the 10th of September, 2023, is hereby allowed. I make no order as to cost,” Justice Otisi held.
Other members of the panel that concurred with the lead judgement, were Justice Abimbola Osarugue Obaseki Adejumo and Justice Abubakar Muazu Lamido.
The National Assembly Election Petitions Tribunal presided over by Justice Ory Zik-Ikeorha had dismissed the petition filed by Mr. Daniel Onjeh of the All Progressives Congress, APC, challenging the victory of Senator Abba Moro of the Peoples Democratic Party, PDP, in the Benue South District Senatorial election.
The Independent National Electoral Commission, INEC, had returned Senator Moro as winner of the senatorial election held on February 25th, 2023.
Dissatisfied with the declaration, Mr. Onjeh and the APC approached the tribunal alleging that Senator Moro did not win the election by the majority of lawful votes cast alleging also that the election was invalid for reason of non-compliance with the provisions of the Electoral Act, 2022.
Delivering judgment in the matter in Makurdi, Justice Zik-Ikeorha in a unanimous decision by the three-member panel held that “the quality of witnesses called by the petitioners was not enough to strengthen the petition or sustain it.”
While stating that the pleadings did not constitute evidence, Justice Zik-Ikeorha further held that “the evidence adduced by the petitioners was weak and porous.”
She accordingly dismissed the petition and upheld the return of Senator Moro as the lawmaker representing Benue South Senatorial District.