You Can’t Return To Senate – Appeal Court Tells Suswam
BY VICTOR BUORO – The Court of Appeal sitting in Abuja on Wednesday told former Governor of Benue State, Gabriel Suswam, to forget his ambition of returning to the Senate as he did not validly win the February 25, 2023 National Assembly (NASS) election.
In a unanimous decision by the three-member panel of Justices, the appellate court expressed satisfaction with the available evidence that Suswam of the Peoples Democratic Party (PDP) was not the authentic winner of the Benue North East senatorial poll.
Faulting the Benue State National Assembly Election Petitions Tribunal ruling that returned Suswam to the Senate after nullifying the electoral victory of Mr. Emmanuel Udende of the All Progressives Congress (APC), the Appellate Court said the Tribunal wrongly evaluated the evidence presented before it by parties in the matter.
According to the Court, by so doing, the Tribunal unfortunately arrived at an erroneous conclusion that upheld the petition filed by Suswam challenging the victory secured by Udende in the parliamentary election.
Consequently, the Court, in voiding the Tribunal judgment, said it found merit in the APC flag bearer’s appeal lodged before it and declared thus; “The judgement of the tribunal delivered on 8/9/2023 is hereby set aside.
“The return of the Appellant as the winner of the Benue North East senatorial election that was held on February 25 is hereby affirmed.”
Furthermore, the Appellate Court held in its lead judgment delivered by the panel Chairman, Justice Abimbola Osarugue Obaseki Adejumo, that; “Parties are to bear their respective cost.”
Following the Independent National Electoral Commission (INEC) declaration of Udende as winner of the senatorial election with a total of 135,573 votes over Senator Suswam, who garnered 112,231 votes, the former Governor, not satisfied with the outcome of the election, approached the tribunal on the ground that it was marred by over-voting, irregularities, alterations and falsification of results.
Ruling on the petition, the Tribunal said that allegations of irregularities taking place in five out of seven Local Government Areas in the Senatorial District were successfully proven and established by Suswam.
It therefore cancelled 51,895 votes entered for Senator Udende as well as 21,229 votes recorded for Senator Suswam in the election.
With the padded votes subtracted from the initial figures, Senator Suswam had 90,590 votes to Senator Udende’s 82,699 votes.
Based on these new figures of vote tallies, the Justice Ori Zik-Ikeoha led Tribunal had ruled in favour of Suswam.
However, that judgment has now been upturned by the Appellate Court ruling delivered on Wednesday, November 1, 2023 effectively affirming Udende as the duly elected senator representing Benue North East in the upper legislative chamber.
