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Tribunal dismisses APC’s petition against Benue rep

By Joseph Wantu, Makurdi
15 October 2015   |   5:46 am
THE National/State Legislative Election Petition Tribunal sitting in Makurdi, the Benue State capital on Tuesday dismissed in its entirety the petition brought by the All Progressives Congress (APC) House of Representatives candidate for Otukpo/Ohimini Federal Constituency, Hon. Nelson Alapa against Ezekiel Adaji of the Peoples Democratic Party (PDP). Alapa (APC) in his petition alleged that…

court.jpg-citynewsTHE National/State Legislative Election Petition Tribunal sitting in Makurdi, the Benue State capital on Tuesday dismissed in its entirety the petition brought by the All Progressives Congress (APC) House of Representatives candidate for Otukpo/Ohimini Federal Constituency, Hon. Nelson Alapa against Ezekiel Adaji of the Peoples Democratic Party (PDP).

Alapa (APC) in his petition alleged that there were wide spread discrepancies in the conduct of the election in the area including falsification of results, mutilation, cancellation, impersonation, fictitious results, missing and unaccounted ballot papers as well as improper accreditation of voters.

The APC candidate had also prayed the tribunal to cancel the results in 48 polling units and order for re-run.

But, the panel in its judgment read by its chairman, Justice David Nyom held that it is the duty of the petitioner to prove allegation of non- compliance of an election with the Electoral Act, and how it adversely affected the outcome of the election.

Justice Nyom also ruled that evidence of the petitioner’s witnesses are not convincing as they were based on inadmissible hearsay, even as he said the presentation of the petition itself is speculative.

The panel further said the documents and exhibits tendered through the petitioner’s counsel should have come from makers of the documents and wondered how Hon. Alapa (petitioner) failed to call polling unit agents which would have been favourable to him.

“It is unfortunate that in the 20th century and for a developing nation, so much energies and resources are wasted on certain matters that are incomprehensible. We should know when to draw the line for the interest of the country. The petitioner failed to prove non-compliance. He failed to show that Adaji was not validly returned. The petition is hereby dismissed in its entirety and I hold that the first respondent (Adaji) was duly elected,” it said.

In a similar development, the same tribunal upheld the election of a house of Representatives member for Gwer/ Gwer West Hon. Mark Gbillah against John Tion on grounds that Tion’s petition was filed out of time as well as that of Herman Hembe of APC for Vandeikya/ Konshisha Federal constituency against Engineer Hon. of People’s Democratic Party, PDP.’

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