The Appeal Court has stopped two Nigerian ex-Governors from entry into Senate for failing to win the February 25 National Assembly elections.
The appellate court in Lagos dismissed the petition by former governor of Cross River State, Ben Ayade, of the All Progressives Congress on the election on Saturday.
Also, the Court, Abuja, Wednesday, nullified the election of former Governor of Benue State, Gabriel Suswam, as senator representing North East Senatorial District of the state.
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The court also awarded N500,000 against Ayade in favour of the incumbent senator.
The former governor who was in the Senate from 2011 to 2015, lost the National Assembly elections to the incumbent senator, Jarigbe with 56,595 votes against Jarigbe of the Peoples Democratic Party who scored 76,145 votes.
Before now, the Cross River State National Assembly Election Petitions in Calabar had declared Jarigbe as the winner of the February 25, senatorial district elections and dismissed Ayade’s petition for lack of merit.
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In the five-hour judgment, the chairman of the Tribunal, Justice M. A. Sambo, said the petitioners (Ayade and APC) failed to prove their case substantially and dismissed all their petitions, saying there was no credible evidence tendered before the Court to prove that the elections were fraught with malpractices
Meanwhile, the appellate court, in a unanimous decision by a three-member panel of justices, said it was satisfied that Suswam was not the valid winner of the senatorial election that held on Feb. 25.
It faulted the judgement of the Benue State National Assembly Election Petitions Tribunal which returned Suswam of the Peoples Democratic Party (PDP) to the Senate, after it nullified the election victory of Emmanuel Udende of the All Progressives Congress (APC).
According to the appellate court, the tribunal wrongly evaluated the evidence that was presented before it by the parties in the matter. It arrived at an erroneous conclusion that upheld the petition Suswam filed to challenge Udende’s election victory.
Consequently, the court voided the tribunal’s judgement, saying it found merit in the appeal that was lodged before it by the APC candidate.
“The tribunal’s judgement delivered on 8th of September, 2023 is hereby set aside.
“The return of the appellant as the winner of the Benue North East senatorial election held on February 25 is hereby affirmed.
“Parties are to bear their respective cost,” the court held in its lead verdict that was delivered by Justice Abimbola Adejumo, who led the panel.
The Independent National Electoral Commission (INEC) had declared Udende as the winner of the senatorial election after he polled a total of 135,573 votes to defeat Suswam, who garnered 112,231 votes.
Not satisfied with the election outcome, Suswam approached the tribunal on the grounds that over-voting, irregularities, alterations and falsification of results marred it.
In its judgement, the tribunal held that Suswam successfully established his case that irregularities took place in five out of seven LGAs in the senatorial district.
The tribunal cancelled 51,895 votes entered for Udende and also cancelled 21,229 votes entered for Suswam.
After subtracting the padded votes, Suswam was left with 90,590 while Udende scored 82,699 votes.
The tribunal, headed by Justice Ori Zik-Ikeoha, entered judgment in Suswam’s favour, a decision that the appellate court vacated on Wednesday.
