The Benue State National/State Assembly Election Petitions Tribunal sitting in Makurdi, has nullified the election of the Senator representing Benue North-East senatorial district, Emmanuel Udende of the All Progressives Congress (APC) and declared Gabriel Suswam of the Peoples Democratic Party (PDP) as the winner of the election.
The Tribunal also directed the Independent National Electoral commision (INEC) to issue a new certificate of return to Senator Suswam as the winner of the February 25 election.
The three-man panel of Justices led by Justice Ory Zik-Ikeorha while delivering judgment in a peition
filed by the first peritioner, Gabriel Suswam, held that Suswam had proved allegations of over-voting during the election beyond reasonable doubt.
According to Justice Zik-Ikeorha, the initial declaration by INEC that Udende of APC polled 135,573 votes to defeat Gabriel Suswam of the PDP with 112,231 votes which was wrong.
She said, “the petitioner was able to establish over voting in five local government areas of Vandeikya, Kwande, Ukum, Katsina-Ala and Ushongo in which Udende was allocated 51,895 votes while Suswam had 21,229 votes.”
But, after the deduction of invalid votes by the Tribunal, Gabriel Suswam of the PDP scored 90,590 valid votes while Udende of the APC was left with 82,699 votes.
The Tribunal, therefore, cancelled the certificate of return issued to Udende and ordered INEC to issue Suswam with a certificate of return.
Reacting to the judgement, the lead Counsel to Senator Suswam, Barr. Donald Kertyo described it as sound, saying justice has come to stay and called on Udende to embrace his opponent for the development of the State.
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