The Court of Appeal, Makurdi Division, yesterday dismissed the appeals by Governor Gabriel Suswam and the Peoples Democratic Party (PDP) challenging the election petitions of the Action Congress of Nigeria (ACN) and All Nigeria Peoples Party (ANPP) over time-frame (180 days).
The justices held that the petitions should be heard on merit as the Supreme Court has directed.
Justice Monica Mensen Dongbon ruled that the decision of the Supreme Court to send back the petitions for a re-trial has made the 180-day time frame a non-issue.
She dismissed the appeal, saying it lacked merit.
The Benue State Governorship Election Petition Tribunal had dismissed the motion by Suswam seeking the order of the tribunal to strike out the petition of Prof Steven Torkuma Ugba over time frame.
The motion failed as the tribunal, presided over by Justice Mohammed Halima, struck it out and proceeded to the pre-hearing before the governor challenged the decision of the lower tribunal at the Appeal Court.
The Court of Appeal also yesterday dismissed the appeal by the PDP seeking to set aside the tribunal’s decision to accept the Independent National Electoral Commission (INEC) inspection report conducted by the ACN.
Justice Dongbon held that “the report of the petitioner concerning inspection of INEC materials is proper and the tribunal was right in admitting it so that it can be used as evidence by the petitioner”.
In Gwer State Constituency, ACN candidate, Letta Terungwa, triumphed over PDP’s Emmanuel Ayua, while Bem Ortese (ACN) was victorious against PDP’s Mrs Theresa Ujege, for Konshisha.
Counsel to ACN, Simon Orkuma and Andrew Wombo, described the judgment as sound.
But counsel to the PDP and Suswam, Edward Ashiekaa and Chief John Ochoga, who held brief for Chief Solo Akuma (SAN), said they would study the judgment for an appeal.
Copyright The Nation, Nigeria
Copyright The Nation, Nigeria
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