Court of Appeal Upholds Election of Senator Udende for Benue North East

By Iyojo Ameh

The Court of Appeal sitting in Abuja has affirmed the election of Senator Emmanuel Udende, who represents the Benue North East Senatorial District under the All Progressives Congress (APC).

This ruling overturns the earlier decision of the Tribunal, which favored former Governor Gabriel Suswam of the People’s Democratic Party (PDP).

In a ruling by a three-member panel, Honourable Justice Onyekachi Otisi delivered the lead judgment, setting aside the Tribunal’s decision.

The Tribunal had initially ruled in favor of Suswam, who alleged that Senator Udende did not secure the majority of lawful votes during the election held on February 25, 2023.

Suswam’s petition centered on deducting what he termed “unlawful” votes to declare himself the winner.

However, the Court of Appeal held that it is the petitioner’s responsibility to present sufficient evidence and witnesses to support their case.

The appellate court determined that the evidence provided by the petitioners was insufficient to establish their claims of over-voting. The majority of the witnesses called were ward agents rather than polling unit agents. Consequently, Honourable Justice Otisi set aside the Tribunal’s decision and upheld Senator Udende as the lawful winner of the Benue North East Senatorial District election, as declared by the Independent National Electoral Commission (INEC).

The legal representative for the APC, Innocent Daagba, Esq, praised the Court of Appeal’s decision as “a sound judgment.”

Tavershima Pusa, counsel to Senator Udende, argued that there were no unlawful votes, emphasizing that it was not the Tribunal’s role to investigate and scrutinize the votes cast during the election. He claimed that the lower court’s judgment was based on assumption rather than legal precedent.

Senator Udende, through his Special Adviser on Media and Publicity, Jerry Iorngaem, expressed satisfaction with the Court of Appeal’s decision, describing it as a reflection of the people’s choice in the Benue North East Senatorial District. With the legal matter concluded, Senator Udende is now committed to fulfilling his duties as a representative of the district.