The National/State Election Petition Tribunal in Makurdi has upheld the election of Mrs. Danladi Lami, the Deputy Speaker of the Benue State House of Assembly. Mrs. Lami, a member of the All Progressives Congress (APC), secured victory in the election for the Ado State Constituency, defeating her rival from the Peoples Democratic Party (PDP), Mrs. Agnes Uloko.
Mrs. Uloko, dissatisfied with the election outcome, filed a petition with the tribunal, alleging that Mrs. Lami was not qualified to contest the election for the Ado State Constituency. She argued that the votes received by Mrs. Lami were wasted votes and demanded that she be declared the winner and issued a certificate of return.
In its judgment, the tribunal, chaired by Justice Ory-Zik Okeorha, determined that the issue of certificate forgery was a pre-election matter. The tribunal explained that the Electoral Act of 2022 outlines three grounds on which an election can be challenged: the candidate’s qualification to contest the election, invalidation due to noncompliance with electoral provisions, and whether the respondent was duly elected by a majority of lawful votes cast.
The tribunal identified two key issues for consideration: the allegation of certificate forgery by the first respondent (Mrs. Lami) and whether the petitioners had proven their case for the relief sought.
The tribunal ruled that the petitioner failed to provide substantive evidence to support the claim of certificate forgery, introducing a criminal element into a civil matter. It noted that when a criminal element is introduced in a civil proceeding, the burden of proof shifts from the balance of probability to a more stringent proof beyond reasonable doubt.
Regarding the disparity in the candidate’s name on various certificates, the tribunal concluded that it was not fatal to the election, especially for an adult candidate. The petitioner failed to demonstrate any criminal intent related to the removal of the name ‘Ogenyi.’
The tribunal declared that all certificates presented by Mrs. Lami, some of which featured her photograph, were genuine. The petitioner’s witness could not prove that the school or results were false or forged.
In summary, the tribunal found the petitioner’s case to lack merit, substance, and credibility. It characterized the petition as vexatious and frivolous and dismissed it in its entirety. Mrs. Lami was affirmed as the winner of the election for Ado State Constituency, and the petitioner was ordered to pay a cost of ₦500,000 to Mrs. Lami, as well as ₦100,000 each to the second and third respondents.