By Matthew Ajai-Kume
One of the three members of the National/State Assembly Election Petition Tribunal sitting at Makurdi, has held that evidence by PDP’s Gabriel Suswam is grossly insufficient to sustain his petition. He therefore, dismissed the petition, awarding the cost of 100 thousand in favour of each of the respondents against the petitioners.
Suswam and PDP’s petition is predicated on one ground that Udende did not score majority of the lawful votes cast at the 25th February, 2023, Benue North East Senatorial District election.
Suswam, who called 19 witnesses most of who were “irrelevant” as the irregularities complained of were at the polling units and instead called ward agents instead of polling unit agents, Honourable Justice Umar Mohammed with the dissenting judgment held.
According to the decision, irregularities can’t be assumed. The law is that the proper person to give account of the irregularities are polling unit agents as ward agents are not allowed to “give global account” of what happened at polling units.
By the way, it is the decision of the court that Suswam’s PW9’s statement on oath was not front loaded alongside the petition and cannot form part of the petition.
Besides, it is held that the fact that documents are admitted in evidence from the Bar does not mean that value be attached to them without putting life in them.
Justice Mohammed concluded that having failed to do the needful, he cannot be moved by the petitioners to interrogate their address page by page after failing to breath life into their documents tendered.
“Evidence of 19 witnesses who were not party to the malpractices said to have occurred over 400 polling units cannot substantiate the petition. No magic can be done. Evidence grossly insufficient to sustain the petition. See no merit in the petition,” it is held.
The petition is therefore dismissed, with award of 100k cost in favour of each of the respondents and against the petitioners.
Meanwhile, Chairman of the Panel, Honourable Justice OryZik-Ikeorha, and member 2 entered judgment in favour of Suswam and PDP.
According to their judgment, Suswam and PDP have fulfilled the requirement of the law in proving their case of irregularities such as mutilation, non-signing of documents, non – inclusion of lawful votes among others.
Meanwhile, the People’s Democratic Party (PDP), Benue State Chapter has hailed Senator Gabriel Suswam’s Victory at the tribunal.
A congratulatory statement made available to newsmen last Friday by the Publicity Secretary of the Party, Bemgba Iortyom said, ” the Peoples Democratic Party (PDP) in Benue State congratulates His Excellency Senator Gabriel Suswam over his victory at the National Assembly Election Petitions Tribunal earlier today”
“The Tribunal sitting in Makurdi upheld the petition by Senator Suswam challenging the emergence of Emmanuel Udende as Senator for the Benue North-East Senatorial District at the 2023 elections”.
“PDP hails the Tribunal for delivering substantial justice in the petition based on the facts and evidence rendered before it in line with extant electoral laws, guidelines and regulations, thereby boosting public confidence in the judiciary, ” the statement further stated
The statement maintained that, “The party rejoices over the victory won particularly as it re-establishes its dominance in the upper chamber membership composition of the National Assembly in the state with two Senators out of three.”
It affirmed that, “This victory of Senator Suswam serves to heighten the hopes that PDP will likewise reclaim the governorship of the state at the Governorship Election Petition Tribunal through the judgement being awaited.”
According to the statement, the party is confident that the former Benue State Governor will deploy his wealth of experience and proven pedigree in the 9th Senate, to get back seamlessly into the business of lawmaking in the 10th Senate for the good of his constituents, the party and Nigeria at large.
