Daniel Donald Onjeh & Anor V. David Mark & Ors (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PETER OLABISI IGE, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Judgment of the National and State Houses of Assembly Election Petition Tribunal which sat at Makurdi delivered on the 7th day of October, 2015 dismissing the Appellants’ Petition.

The Appellants as Petitioners had by their Petition dated and filed on the 18th day of April, 2015 containing 66 paragraphs prayed the said Tribunal as follows:

“WHEREOF YOUR PETITIONERS PRAY AS FOLLOWS:

i. That it may be declared and do declare that the 1st Respondent, David Mark who was the Candidate of the 2nd Respondent was not only elected or returned by the majority of Lawful votes cast at the Benue South District Election held on 28th March, 2015.

ii. That it may be declared and do declare that the said election and return of the 1st Respondent, David Mark are voided by acts which clearly violate and breach the provision of Electoral Act, 2011 and manual for election made pursuant to the Electoral Act, 2011.

iii. That it may be declared and do declare that the purported election and the results there from in all the units identified and proved as being invalid election be nullified and

?1 cancelled.

iv. That it may be determined and declared that if the invalid and vitiated votes cancelled and nullified are deducted from the votes allocated or credited to the 1st Respondent, your 1st Petitioner will have the majority of Lawful votes and ought to have been declared and returned as the winner of the Benue South Senatorial District Election held on 28th March, 2015 or in the alternative returned as the winner of the election into office of Senate of Benue South Senatorial District held on 28th March, 2015.

OR, ALTERNATIVELY:

AN ORDER nullifying the Benue South Senatorial District Election held on 28th March, 2015 and ordering for a fresh election.”

The Petition was founded on the following grounds namely:

“i. The 1st Respondent was not elected by the majority of Lawful votes cast with the Election (sic).

ii. The Election and return of the 1st Respondent is invalid by reason of corrupt practices and/or non compliance with the provisions of Electoral Act, 2011.”