The Court of Appeal in Abuja, on Wednesday, delivered a unanimous verdict that ousted Gabriel Suswam, the former Governor of Benue State, from his senatorial position.
The court deemed Suswam’s claim to the Benue North East senatorial election victory on February 25 to be invalid.
The appellate court found fault with the Benue State National Assembly Election Petitions Tribunal’s ruling, which reinstated Suswam, a member of the Peoples Democratic Party (PDP), as the Senator, nullifying the electoral triumph of Emmanuel Udende from the All Progressives Congress (APC).
In its judgment, the Court of Appeal determined that the tribunal had incorrectly assessed the evidence presented by the parties involved in the matter, leading to an erroneous conclusion that upheld Suswam’s petition to challenge Udende’s election victory.
As a result, the court set aside the tribunal’s decision, affirming the victory of the APC candidate in the Benue North East senatorial election.
Justice Abimbola Osarugue Obaseki Adejumo, who led the panel, delivered the court’s leading verdict. It stated, “The judgment 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. Parties are to bear their respective costs.”
The Independent National Electoral Commission (INEC) had initially declared Emmanuel Udende as the winner of the senatorial election, with a total of 135,573 votes. This tally exceeded Senator Suswam’s 112,231 votes.
Dissatisfied with the election outcome, Suswam lodged a petition with the tribunal, citing issues such as over-voting, irregularities, alterations, and result falsification.
The tribunal’s judgment acknowledged that Suswam had successfully substantiated claims of irregularities in five out of seven Local Government Areas (LGAs) within the Senatorial District. Consequently, it nullified 51,895 votes entered for Senator Udende and canceled 21,229 votes listed for Senator Suswam.
Following the deduction of the contentious votes, Senator Suswam’s vote count was adjusted to 90,590, while Senator Udende’s stood at 82,699. The petition’s merit led the Justice Ori Zik-Ikeoha led panel to rule in Suswam’s favor, a decision that the Court of Appeal overturned on Wednesday.