The National Assembly Election Petition Tribunal has made a significant ruling, ousting Senator Emmanuel Udende of the All Progressives Congress (APC) in Benue State. The tribunal declared Senator Gabriel Suswam of the Peoples Democratic Party (PDP) as the victor of the senatorial election held on February 25, 2023, in Benue North East Senatorial District.
Senator Udende, who represented the Benue North East Senatorial District in the Senate, was unseated by this decision.
The tribunal panel, headed by Justice Ory Zik-Ikeorha, along with two other justices, delivered a judgment in favor of Senator Suswam and the PDP. The tribunal found that Senator Suswam and the PDP successfully met the legal requirements for proving their case, which centered on irregularities such as document mutilation, absence of signatures on documents, and the exclusion of lawful votes, among other issues.
However, one of the three members of the National/State Assembly Election Petition Tribunal took a dissenting view. This member held that Senator Suswam’s evidence was grossly insufficient to support his petition. Consequently, the petition was dismissed, and the respondents were awarded costs of N100,000 each against the petitioners.
Senator Suswam and the PDP’s petition was based on their argument that Senator Udende did not secure the majority of the lawful votes cast in the February 25, 2023, Benue North East Senatorial District election. The dissenting judge contended that irregularities cannot be assumed, emphasizing that the proper individuals to provide accounts of irregularities are polling unit agents, not ward agents who are not permitted to give a comprehensive account of events at polling units.
In summary, the dissenting judgment found that the evidence provided was inadequate to substantiate the petition, and the petition was dismissed. Costs of N100,000 were awarded to each of the respondents against the petitioners.