The National/State Election Petition presided over by Justice Mosunmola Dipeolu, on Tuesday, upheld the election of former Senate President, Senator David Mark.
The tribunal, in a judgment that lasted for over two hours, dismissed the petition brought by the All Progressives Congress (APC) senatorial candidate, Daniel Onjeh.
The APC candidate is contesting that the March 28 election of Mark was marred by irregularities such as ballot stuffing, manipulation of votes, inducement, falsification of results, abuse of office, over-voting as well as mutilation of results sheets.
The tribunal held that the petitioner (Onjeh) failed to provide substantial proof that the senatorial election in Benue South district did not comply with the Electoral Act 2010 as amended.
Justice Dipeolu disagreed with the petitioner, arguing that the evidence of the petitioner's witnesses were contradictory as they were based on hearsay which was not admissible in law.
"Witnesses contradicted their statement in admitting that the election was free and fair in their polling units. Their evidence is based on hearsay," she said.
The tribunal also added that the documentary as well as oral evidence did not show that the election was fraudulent.
She held that the people who tendered the documents were not the makers, noting that the documents were tendered without linking them to the petitioner.
"The petitioner and his witnesses did not link documents to the case. They did not show figures to prove non compliance. He did not prove that non compliance affected the result of the election. Ballot boxes and papers should have been brought to court to prove the case beyond reasonable doubts.
"Issue of falsification should have been made by the polling agents even as the petitioner did not produce or invite anyone who alleged harassment or intimidation.
"Their evidence is based on the hearsay including that of the data analyst who admitted that his report was erroneous. Based on all these, I hold that the petitioner failed to prove that the election was not held in substantial compliance with the electoral act and the petition fails and is accordingly dismissed," Justice Dipeolu ruled.
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