Appeal Court Sacks Suswam as Senator, Validates Abba Moro Reelection
The Court of Appeal sitting in Abuja, on Wednesday, sacked the former Governor of Benue State, Gabriel Suswam, from the Senate.
The appellate court, in a unanimous decision by a three-member panel of Justices, said it was satisfied that Suswam was not the valid winner of the senatorial election that held in Benue North East on February 25.
It faulted the judgement of the Benue State National Assembly Election Petitions Tribunal, which returned Suswam of the Peoples Democratic Party, PDP, to the Senate, after it nullified the election victory of Mr. Emmanuel Udende of the All Progressives Congress, APC.
According to the appellate court, the tribunal wrongly evaluated the evidence that was presented before it by the parties in the matter and thereby arrived at an erroneous conclusion that upheld the petition Suswam filed to challenge Udende’s election victory.
Consequently, the court voided the judgement of the tribunal, saying it found merit in the appeal that was lodged before it by the APC candidate.
“The judgement of the tribunal delivered on 8/9/2023 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 cost,” the appellate court held in its lead verdict that was delivered by Justice Abimbola Osarugue Obaseki Adejumo, who led the panel.
Meanwhile, the Court of Appeal in Abuja, on Wednesday, validated the re-election of Senator Patrick Abba Moro of the Peoples Democratic Party, PDP.
The appellate court, in a unanimous decision by a three-member panel of Justices, said it was satisfied that Moro was the valid winner of the senatorial election that held in Benue South on February 25.
It held that the All Progressives Congress, APC, and its candidate in the election, Comrade Daniel Onjeh, did not establish their allegation that Senator Moro was not duly elected by a majority of lawful votes cast.
In the lead judgement that was delivered by Justice Onyekachi Aja Otisi, the appellate court further dismissed Onjeh’s allegation that Senator Moro tendered a forged birth certificate to the Independent National Electoral Commission, INEC, in aid of his qualification to contest the senatorial poll.
The court held that Onjeh did not adduce any evidence to support his allegation of forgery against Senator Moro.
“The allegation was a mere speculation. There was no forged document for the 1st Respondent to defend. No document, either original or photocopy was produced to prove the alleged forgery.
“There is nothing before this court to show that the 1st Respondent forged anything and tendered the same to the INEC in aid of his qualification.
“The Appellant failed to prove his case. This appeal fails and it is hereby dismissed. The judgement of the Legislative Election Petitions Tribunal delivered on the 10th of September, 2023, is hereby allowed. I make no order as to cost,” Justice Otisi held.
Other members of the panel that concurred with the lead judgement, were Justice Abimbola Osarugue Obaseki Adejumo and Justice Abubakar Muazu Lamido.
