Leadership (Abuja)
Stanley Yakubu
24 February 2008
Senate President David Mark's election was yesterday nullified by the election petition tribunal sitting in Makurdi, the Benue State capital. If his appeal fails, he is almost certain to quit the Senate after a re-run of the election in two local government areas as ordered by the tribunal.
For more than six months, the Senate president had battled to save his face and office from a petition brought against him by his main political opponent, Alhaji Usman Abubakar (aka Young Alhaji) of the All Nigeria Peoples Party (ANPP).
The ANPP senatorial candidate had gone to the tribunal praying that the declaration of Mark as the elected senator for Benue South be nullified because he was duly elected in accordance with the laid-down electoral laws.
Young Alhaji had also prayed the tribunal to declare him as winner of the senatorial election held on April 21, 2007, because he obtained the highest number of votes cast in the election.
Alhaji Abubakar had alleged that there was excessive voting of which the Senate president was a beneficiary, non-collation of results by INEC, unilateral allocation of votes by INEC in favour of Mark, falsification of result forms, as well as the use of soldiers to harass and intimidate voters.
The petitioner equally alleged there was snatching of ballot boxes and diversion of same to unknown destination by Mark, massive thumb-printing of ballot papers and inducement of voters.
However, Mark denied the allegation and claimed that he won the election by the lawful
and valid votes, stating that the election was free and fair as there was no violence. He also denied participating in rigging the election as alleged by Alh. Abubakar.
Mark claimed that the results were properly collated and he was returned as the winner by the senatorial district's returning officer.
Examining the crux of the matter and issues raised by the parties, the tribunal formulated three issues for determination. They hammered most particularly on the issue of tampering with exhibits, which was raised by the respondent. The tribunal lamented that it was a serious fraud and that it would have amounted to deciding the case piece meal rather than holistically.
In a 115-page judgement that lasted about three hours, the tribunal declared in unequivocal language that the petition brought before it by the ANPP senatorial candidate was in order and proper.
The tribunal's chairman, Justice C. I. Uriri, blamed the Independent National Electoral Commission (INEC) for acting contrary to constitutional provisions when its commissioner in Benue State, Gabriel Ada, announced the results in Makurdi instead of allowing the returning officer from the senatorial zone to declare the results in Otukpo town, the headquarters of the zone.
Justice Uriri declared that the election of the Senate president was not held in accordance with the Electoral Act 2006 as over 139, 466 voters in Agatu and Okpokwu local government areas that also make up Benue South senatorial district were disenfranchised.
The tribunal resolved the issue in favour of the respondent as it was discovered that the number of unused ballot papers which was in the custody of INEC was actually changed from 4 to 41
On the issue of whether the returning officer actually declared results in the seven LGAs and returned Young Alhaji as winner having scored 172,636 as against 92,029 scored by Mark and whether he has the power to cancel and re-collate results in Makurdi, Justice Uriri held that though the returning officer has the power to declare the results in seven LGAs, he cannot change his decision in Makurdi.
"Hence, whatever decision he took in Makurdi is null and void. So the return of David Mark by INEC stands nullified and the result of the seven as announced by INEC is upheld. The petitioner's case subsists," Uriri ruled.
In their separate reactions to the judgement, lead counsel to Young Alhaji, Wole Olanipekun, disagreed with the ruling, stating that his client won the election by a simple majority of votes and so should have been declared winner of the election.
On his part, Paul Urokoro, counsel to Sen. Mark who stood in for Damian Dodo, expressed dissatisfaction with the judgement, alleging that the petitioner failed to prove his case beyond reasonable doubt.
There was wild jubilation by supporters of Young Alhaji at the court premises. The celebration train went to Otukpo town, home base of the victorious ANPP senatorial candidate. However, while the ANPP and its members have continued to rejoice and celebrate over the verdict of the tribunal, our correspondents reported that there was fear and apprehension as the country awaits the judgement of the presidential election petition tribunal on Tuesday.
The presidential candidates of the Action Congress (AC) and the ANPP, former vice president Atiku Abubakar and General Muhammadu Buhari respectively, have been at the tribunal challenging the declaration of the PDP candidate, Umaru Musa Yar'Adua, as the elected president of Nigeria.
Fears are being expressed in some parts of the country over the outcome of the presidential petitions.
In a reaction, the ANPP expressed satisfaction with what it described as a "courageous judgement".
National director of publicity of the party, Alhaji Ibrahim Modibbo, who spoke to Leadership Sunday in Abuja said, "We in the ANPP have been waiting for this and we are happy that, despite intimidation, harassment and threats to his life, our candidate had remained steadfast and finally God has given him victory."
"By this nullification we have again been vindicated that, contrary to the claims by the PDP, there was no election in most parts of the country in 2007. We are now waiting to see also how President Umaru Musa Yar'Adua's election would be nullified," he added.
The Buhari Organisation reacted in a similar tone as it welcomed the decision of the tribunal. Director-general of the organization, Alhaji Buba Galadima, said: "We expected that the tribunal should have gone ahead to declare Young Alhaji as winner of the senatorial election."
Also, the minority leader of the Sokoto State House of Assembly, Mohammed Bello, hailed the judgement of the tribunal, saying "it is a further demonstration that the judiciary remains the last hope of the common man."
However, the Senate president said last night that, notwithstanding the outcome of the tribunal's judgement, he would appeal against it, because he "believes that the judiciary remains the last hope of the common man and that justice will still be done".
"We wish to state that the decision of the Benue State election petition tribunal as delivered in respect of the April 21 election in Benue South has only provided us a fertile ground to go on appeal," a statement singed by one of his aides, Kola Ologbondiya, reads in part.
Meanwhile, sources close to the leadership of the ruling party hinted yesterday in Abuja that though there had been conflicting signals from Makurdi over the direction of the case, the verdict has really shocked the party.
An influential member of the party from Kaduna State who spoke to our correspondent on condition of anonymity last night in a telephone chat said, "as a party, we are not surprised because we were aware that he would lose the case. He said that consultations had been going on since it was apparent that the Senate president would lose the case, and "I can tell you, we shall soon find a credible replacement if and when the need arises".
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though the Idoma people, being minority in Nigeria and even Benue will definately lose the so much cherised position of the senate president, it is a big victory for democracy and Nigeria.Young Alhaji, actually won that election of 21 April 2007.I monitored the election under NANS ELECTION MONITORING TEAM in that Zone. Am sad that we will lose the senate presidency,but will be happy because justice will prevail.
A new dawn in the Nigerian political landscape, how are the might falling. The day has arrived in Nigeria when we have a system that rewards success. With no beef against Senator David Mark, the decision announced today by the Tribunal should give every Nigeria joy and hope that finally Nigeria has arrived. Every Nigeria Nigerian should feel vindicated that the days of election rigging and injustice are becoming a thing of the past. Nigerians could not be prouder that finally the Nigerian judiciary is becoming independence and above the fray playing the role of its function as the last line of hope for the common person in a democracy.
I would hope that the tribunal looking over the presidential election would borrow courage and do the right thing to purge Nigeria of negative image and restore hope and a positive sense of nationhood. Finally Nigeria we hailed Thee.