Court Sacks Udende, Says Gabriel Suswam Was Duly Elected Senator For Benue North-East

The Benue State National Assembly Elections Petitions Tribunal, presided over by Justice Ori Zik-Ikeorha, on Friday ruled that former Governor Gabriel Suswam of the Peoples Democratic Party (PDP) won the February 25 Benue North East Senatorial election, sacking Senator Emmanuel Udende of the All Progressives Congress, APC.

The court ordered the Independent National Electoral Commission, INEC, to issue a fresh certificate of return to Senator Suswam as he stood duly elected. 

Recall that NEC had declared Senator Udende, saying he polled a total of 135,573 votes to defeat Senator Suswam who, according to that disputed results, garnered 112,231 votes. 

Dissatisfied with the outcome, Senator Suswam approached the Tribunal on the ground that the election was marred by over-voting, irregularities, alterations and falsification of results. 

The former Governor challenged the results from 474 polling units across five Local Government Areas, LGAs, in the Senatorial Zone which is made up of seven LGAs with 1,844 polling units. 

During the hearing, Senator Suswam tendered 1,182 exhibits and called 19 witnesses while Senator Udende called one witness and tendered five exhibits. The APC called three witnesses and tendered three documents. INEC on the other hand failed to call any witnesses, resting it case on the evidence of the others. 

In her ruling in a judgement that lasted over three hours, Justice Zik-Ikeoha declared that the evidences provided by the petitioners’ counsel established that there were cases of over-voting, falsification and mutilation of results sheets as well as malpractices “in five out of the seven LGAs that make up the Senatorial District.” 

The Tribunal held that “the petitioners establish that the result from the affected polling units were falsified.” 

The tribunal therefore cancelled 51,895 votes entered for Senator Udende and also cancelled 21,229 votes entered for Senator Suswam. 

After subtracting the padded votes, Senator Suswam was left with 90,590 while Senator Udende scored 82,699 votes. 

Upholding the petition, Justice Zik-Ikeorha held that “the Tribunal is satisfied that the petitioners have fulfilled the requirement of the law and judgment is entered in their favour.”