Appeal Court affirms Orker-Jev’s election, sacks Benue deputy speaker
The Court of Appeal in Makurdi has affirmed the decision of the National/State House of Assembly Election Petition Tribunal which upheld the return of Senator Emmanuel Orker-Jev as the senator representing Benue North West Senatorial District.
The court also sacked the deputy speaker of the Benue state House of Assembly from Ohimini State Constituency on the platform of the Peoples Democrat Party (PDP) and ordered for a bye -election in two polling units.
Justice O. A. Otisi, who delivered the lead judgement, said there was no merit in the appeal filed by George Akume.
The learned jurist agreed with the tribunal that the evidence of the appellant’s witnesses does not show how the alleged non-compliance with the Electoral Act affected the outcome of the senatorial district election.
Justice Otisi also agreed with the position of learned counsel to Senator Jev that the law has been settled that the none use of the smart card reader machine cannot render an election invalid.
On ground two of Akume’s petition, which forms the basis of the appeal, the appellate court agreed that the tribunal was right to have struck out the ground, adding that even if the said ground two was not struck out, the petition would still not have succeeded.
The justice therefore, dismissed the appeal for want of merit and awarded N3, 000 as cost against the appellants.
Chief Edward Ashiekaa (SAN), who appeared for Senator Jev and the PDP, told reporters that the decision of the court has vindicated the action of INEC and the tribunal.
“This is the final bus stop in this matter. And I am happy that both the tribunal and the appeal court have confirmed that the people of Benue North West voted Orker Jev to be their voice in the Senate.
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“The judiciary by the decision has also shown that it is standing firm in ensuring the laws of the land and due process is entrenched,” he added.
On his part, counsel to the appellants, Isiaka Dikko (SAN), said the court has decided and there is nothing more anyone can do.
Efforts to hear the views of the former Deputy Speaker, Mr. Chris Adaji proved abortive as he was said to be attending a special mass with Governor Samuel Ortom at Our Lady of Perpetual Help Cathedral, Makurdi to mark the 25th priestly ordination of Bishop Chigbe Anagbe of the Catholic Diocese of Makurdi.
