The Court of Appeal sitting in Abuja has in Wednesday sacked former Benue State governor, Gabriel Suswam, from the Senate.
The three-member panel of justices, in its ruling held that the appellant proved that Suswam did not win the senatorial election held in Benue North East on February 25.
Discarding an earlier ruling of the Benue State National Assembly Election Petitions Tribunal, the Appeal Court spotted error in its judgement, asserting it should not have nullified the victory of Emmanuel Udende of the All Progressives Congress (APC).
The Court of Appeal faulted the tribunal in wrongly evaluating the evidence presented before it by the parties in the matter in arriving at an erroneous conclusion that upheld the petition Suswam filed to challenge Udende’s election victory.
“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.
“Parties are to bear their respective cost,” the appellate court held in its lead verdict that was delivered by Justice Abimbola Adejumo.
The Independent National Electoral Commission (INEC), declared that Udende won the election by polling a total of 135,573 votes to defeat Suswam of the PDP who garnered 112,231 votes.
Dissatisfied, Suswam approached the court on the ground that the election was marred by over-voting, irregularities, alterations and falsification of results.
The tribunal agreed with Suswam that irregularities took place in five out of seven LGAs in the senatorial district.
The tribunal therefore cancelled 51,895 votes entered for Udende and also cancelled 21,229 votes entered for Suswam.
