Benue tribunal dismisses case against Rep. Hembe

Kajo Martins

The National and State Houses of Assembly Election Petition Tribunal sitting in Makurdi, Benue state has dismissed the case filed by Dorothy Mato of the All Progressives Congress (APC) challenging the election of Rep. Herman Hembe of the All Progressives Grand Alliance (APGA) representing Vandeikya/Konshisha Federal Constituency.

Delivering ruling on Thursday, the three -member tribunal led by Justice Hassan Bumza agreed with the first respondent’s counsel, M.O. Ozue that the case is deemed abandoned for failure to satisfy the necessary requirements of hearing the petition on its merit.

“Petition is hereby dismissed as being abandoned” Justice Bumza declared and subsequently, refused to award the N250, 000 damages as cost as demanded by the first respondent’s counsel.

Reacting to the ruling, counsel to the petitioner, Stephen Akpehe said he has learned from the ruling and pledged to apply for the review of the decision of the tribunal.

The petitioner, Mato was at the tribunal alleging that Rep. Hembe was not validly returned as the winner of the election because the poll was marred by malpractices in most polling units that make up the federal constituency.

Also, she claimed that the rescheduled re-run as promised to be conducted by INEC was not done, instead results were entered in Hembe’s favour.

In a related development, an APGA House of Representatives aspirant for the same federal constituency, Simeon Yongo has approached the Court of Appeal to declare him as winner of the party’s primary election.

Yongo approached the appellate court in Makurdi, after a Makurdi High Court presided over by Justice S. O. Itodo struck out his case on the account of being filed outside the 180 days provided by law.

The appellant had approached the Makurdi High Court 9, praying that he was the only participant in the primary election of APGA in the build up to the 2019 National Assembly election, but was wrongly replaced by Rep. Hembe.

However, the lower court’s trial judge, ustice Augustine Ityonyiman, excused himself from trial on account of his engagement handling election petition cases and the matter was reassigned to Justice Itodo of High Court 2.

But, Rep. Hembe, through his lawyers raised a preliminary objection that the 180 days allowed by law to challenge his candidature had elapsed and Justice Itodo entered judgment in his favour, in spite of the counter -objections by Yongu through his lawyers.

Now, Yongo wants the appellate court to set aside that decision, saying the lower court erred in law when it did not give him fair -hearing.

He is also praying the appellate court for an order setting aside the decision of the lower court and to declare him as the only one who participated in the APGA primary election for Vandeikya/Jechira Federal Constituency and won same.