Makurdi — The Election Petitions Tribunal in Makurdi yesterday nullified the election of Senate President David Mark and ordered for fresh poll in two local government areas within 60 days.

But Mark, who represents Benue-South in the Senate on the platform of the People's Democratic Party (PDP), said he would appeal the "strange" ruling.

The tribunal was delivering judgement in the case brought against Mark's election by All Nigeria People's Party (ANPP) candidate, Alhaji Usman Dan Abubakar, popularly known as Young Alhaji, who alleged malpractices in the April 2007 election.

Delivering the judgement which lasted three hours, the tribunal's chairman, Justice C. I. Uriri, declared that the results from two local government areas in the state, Agagu and Okpokwu, which were earlier cancelled by the returning officer, had disenfranchised 139, 466 voters from electing their representative.

Reading the 150-page judgment, Justice Uriri held that the Returning Officer had a constitutional right to cancel the elections in the two affected local government areas as he did, but could not recall the said cancelled votes in Makurdi.

"The returning officer can not in the comfort of INEC office in Makurdi, change the decision of the people. The law will not allow anybody to benefit from fraud. The cancellation was justified," the tribunal judge said.

The judge held that the Independent National Election Commission (INEC) Returning Officer in Otukpo declared ANPP's Abubakar winner based on the lawful votes cast in the seven local government areas which gave him the lead with 172,029 against David Mark's 98,029.