Appeal Court affirms Mark’s election
David Mark
The Court of Appeal sitting in Makurdi, the Benue State capital, yesterday dismissed the petition of All Progressives Party (APC) senatorial candidate for the Benue South rerun election, Daniel Onjeh, and re-affirmed the election of Senator David Mark.
Delivering the judgment, Justice Oyebisi Omoleye, who led a panel of two other Justices, said the petition was incompetent and devoid of merit and struck it out on the grounds that it was filed out of time.
While insisting that petition should have been filed within 21 days from the declaration of the election result, Justice Omoleye stated that the appellant filed his petition on the 22nd day and therefore out of time.
“The appellant’s petition was filed on the 22nd day of the declaration of result and therefore filed out of time by law.
“It, therefore, rendered the election petition incompetent,” she stated.
In their reactions, counsel to Mark, Ken Ikonne, expressed happiness with the judgment, while counsel to Mark’s Peoples Democratic Party (PDP), Chris Alechenu, hailed the decision and urged the senator to settle down and concentrate on the business of the law-making.
But counsel to the APC candidate, Sunday Ayegba, said: “We are not happy with the decision of the court, but there is nothing we can do about it.”
On June 30, this year, the re-run election petition tribunal siting in Makurdi struck out Onjeh’s petition on the same grounds.
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2 Comments
We want more people like Senator Mark in the Assembly. Though it is an Elective Position ,it as much as a career position too.Somebody like Senator Mark should now be after his name and what history will have in records for him.The longer they are there , the best for Nigeria because the confidence will be there to put the Executives on their Toes and not to be pressurizing for Ghana Must GO Bag. The Rotary System among Senatorial Districts is of no useful purpose,as people go there to recoup what they spent on election before the years of tenure is finished within four or eight years .We need career NASS Members.
Congrats to Senator David Mark. He is a gallant fighter. Now that litigation is over, he should assist the senate leadership to assert the independence of the National Assembly as the third arm of Government, having been there for a long time. His experience is indispensable.
We will review and take appropriate action.