FROM ROSE EJEMBI, MAKURDI
THE Appeal Court sitting in Makurdi, the Benue State Capital yesterday dismissed the petition of All Progressives Congress (APC) Senatorial candidate for the Benue South senatorial rerun election, Daniel Onjeh and re-affirmed the election of Senator David Mark.
Delivering judgment, Justice Oyebisi Omoleye who led a panel of two other judges described the petition as incompetent and devoid of merit before striking it out on the grounds that it was filed out of time.
While noting that election petition should be filed within 21 days from the declaration of the election result, Justice Omoleye stated that the appellant filed his petition on the 22nd day after the declaration of the election result and therefore filed out of time allowed by law.
“The appellant’s petition was filed on the 22nd day of the declaration of result and therefore filed out of time allowed by law. It therefore rendered the election petition incompetent,” she said and affirmed the election of Mark.
Reacting to the judgement, counsel to David Mark, Barr. Ken Ikonne expressed happiness with the decision of the appellate court which gave victory to his client even as the counsel to PDP, Christ Alechenu while hailing the judgment described it as the end of the case and urged Senator Mark to settle down and concentrate on the business of the Senate.
On his part, counsel to the defeated APC candidate, Sunday Ayegba while expressing sadness at the outcome of the petition said, “we are not happy with the decision of the court but there is nothing we can do about it.”