Senator David Mark
Former President of the Senate, David Mark has asked the Court of Appeal to dismiss the petition challenging the Tribunal’s judgement which upheld his victory in the last Senatorial rerun election.
He pleaded with the court to “be bound and extremely persuaded by the Supreme Court judgment in the case between Okechukwu vs. the Independent National Electoral Commission, (INEC) and dismiss the appeal for lack of merit,” in a brief adopted to by his counsel, Ken Ikonne.
Daniel Onjeh, the candidate of the All Progressive Congress (APC) filled the appeal following the dismissal of his petition at the Tribunal.
Mark, representing Benue South, maintained that section 285(5) of the 1999 Constitution was clear on the fact that the day of declaration of an election result should be included in the days allowed for the filing of a petition before a court.
He therefore urged the appeal court, sitting in Makurdi to dismiss the appeal and award costs against the appellant. The court has reserved judgement in the matter.
Counsel to the PDP, Mr. Chris Alechenu who described Onjeh’s appeal as a mere academic exercise urged the court to dismiss the appeal stressing Onjeh’s failure to file replies to the responses filed by the second respondent implied that the appellant had already conceded defeat.
On his part, counsel to the INEC, Mr. Johnson Usman in his submission pointed out that the petition was dead on arrival because it was predicated on a non-existent law.
He informed the court that paragraph 12(5) of the Electoral Act 2010 (as amended) which the appellant based his appeal was no longer in existence adding that recent rulings of the Appeal Court had also put paid to the matter.
In his argument, counsel to Onjeh Mr. Adetunji Oso urged the Panel to allow the appeal and remit the petition back to the tribunal for continuation of the proceedings.
Justice Omoleye, before reserving judgement in the matter, informed all parties that they would be communicated soon.
The Benue State Legislative tribunal had dismissed Onjeh’s petition for incompetence, lack of merit and filing behind time.
The Tribunal had upheld the election of Mark as the validly elected Senator for Benue South.
