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Tribunal affirms election of Benue APC Rep

Mr Dada said the PDP’s petition was faulty because unlawful exclusion was not a sufficient ground for an election petition.

• September 9, 2023
Philip Agbese
Philip Agbese

The National and State Assembly Election Petition Tribunal in Makurdi has affirmed the election of Rep. Philip Agbese of the All Progressives Congress (APC) for the Ado/Okpokwu/Ogbadibo Federal Constituency of Benue.


Delivering the judgement on Saturday, Justice Emeka Dada, in a unanimous judgement, dismissed the petitions of the Peoples Democratic Party (PDP) and the Labour Party (LP) candidates challenging the election.


Mr Dada said the PDP’s petition was faulty because unlawful exclusion was not a sufficient ground for election petition, and it was a pre-election matter.


He said the petitioner could not prove the case of noncompliance and, therefore, dismissed it.


Mr Dada said the LP candidate, Ralph Ogbodo, failed to discharge the burden of proof of non-compliance and other irregularities complained of, thereby contravening the position of the electoral act.


The two candidates had dragged Mr Agbese to the tribunal, challenging his victory and declaration by INEC.

In their separate petitions, they prayed, among other things, an order voiding the respondent’s return as the lawful election winner.


Speaking after the judgement, Adetunji Oso, who appeared for Mr Agbese, told journalists that “justice has been done” and that his client would continue to discharge his duties as the duly elected member representing Ado/Okpokwu/Ogbadibo Federal Constituency.

(NAN) 

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