Appeal Court sacks Suswam from Senate, reinstates Emmanuel Udende

INEC had declared Mr Udende the winner of the senatorial election after polling 135,573 votes to defeat Mr Suswam, who garnered 112,231 votes.

News Agency of Nigeria • November 1, 2023

Gabriel Suswam, Emmanuel Udende

The Abuja Division of the Court of Appeal has nullified the election of Gabriel Suswam as senator representing Benue’s North-East senatorial district on Wednesday.

The appellate court, in a unanimous decision by a three-member panel of justices, said Mr Suswam was not the valid winner of the senatorial election held on February 25.

It faulted the judgment of the Benue National Assembly Election Petitions Tribunal, which returned Mr Suswam of the Peoples Democratic Party (PDP) to the Senate after it nullified the victory of Emmanuel Udende of the All Progressives Congress (APC).

According to the appellate court, the tribunal wrongly evaluated the evidence presented by the parties in the matter, arriving at an erroneous conclusion that upheld the petition Mr Suswam filed to challenge Mr Udende’s election victory.

Consequently, the court voided the tribunal’s judgment, saying it found merit in the appeal filed by the APC candidate.

“The judgment of the tribunal delivered on September 8, 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 costs,” the court held in its lead verdict that was delivered by Justice Abimbola Adejumo, who led the panel.

The Independent National Electoral Commission (INEC) declared Mr Udende the winner of the senatorial election after polling 135,573 votes to defeat Mr Suswam, who garnered 112,231 votes.

Not satisfied with the election outcome, Mr Suswam approached the tribunal on the ground that it was marred by over-voting, irregularities, alterations, and falsification of results.

In its judgment, the tribunal held that Mr Suswam successfully established his case that irregularities took place in five out of seven LGAs in the senatorial district.

The tribunal cancelled 51,895 votes entered for Mr Udende and also cancelled 21,229 votes entered for Mr Suswam. After subtracting the padded votes, Mr Suswam was left with 90,590, while Mr Udende scored 82,699 votes.

The tribunal, headed by Justice Ori Zik-Ikeoha, entered judgment in favour of Mr Suswam, a decision that the appellate court vacated on Wednesday.

(NAN)

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