David Mark: Onje says battle not over yet

Mr Daniel Onjeh of the APC on Tuesday appealed against tribunal’s dismissal of his case against Senator  David Mark at the Court of Appeal in Makurdi.

Onjeh is contesting the victory of Mark for the Benue South Senatorial seat on the grounds that the election was marred by violence and rigging.

He had alleged that INEC officials were compromised and voters financially induced by the PDP agents at the various polling units in the district.

The petitioner also alleged that accreditation of voters was not properly done and claimed that card readers were not used while accreditation did not hold in some polling units.

Onjeh had, therefore, called on the tribunal to cancel the elections and order fresh polls.

However, the tribunal, led by Mosumola Dipeolu, dismissed the case in its entirety for want of proofs.

In his judgment delivered on Oct 7, 2015 Dipeolu dismissed the petition on the ground that the petitioner failed to discharge the burden of proof placed on him by law.

Some of the grounds for the appeal are that the tribunal failed to consider and make necessary findings of fact on all the vital issues raised in the petition.

He also averred that the tribunal erred by departing from its earlier decision in a similar case where it declared that collation of votes after declaration and return on certain votes was irregular.

He also said that the tribunal erred by failing to consider his final written address and determine the relevant arguments proffered in it.

The petitioner insisted that the tribunal had miscarried justice in spite of the evidence placed before it.

He, therefore, urged the appellate court to invoke the provision of Section 15 of the Court of Appeal Act and review the evidence in his petition so as to overturn the decision of the lower court.