Cosmas Ekpunobi and Raymond Gukas, Jos
16 July 2008
Abuja — LESS than 24 hours after his Appeal Court victory, Senate President, David Mark is set to shuffle standing committees of the upper legislative chamber.
The Court of Appeal sitting in Jos had yesterday upheld the election of Mark as Senator, representing Benue South district, setting aside earlier ruling by the Benue State Election Petitions Tribunal which cancelled elections in two local governments in the senatorial zone.
Yesterday's ruling brought to an end, era of uncertainty about Mark's continued membership of the senate on the one hand and headship of the upper chamber on other. His election was challenged by Alhaji Usman Abubakar of the All Nigeria Peoples Party (ANPP).
The mien of the senator and his aide clearly showed how elated and relieved he was over the judgment.
At Apo mansion , his official residence, of Mark erupted into jubilation moment after the judgment.
Amid smiles, while giving in his first official reaction he declared that there was no victor no vanquish, insisting that he would bear no grudge against his opponent, Alhaji Usman Abubakar and other senators that wanted his job.
Mark claimed that he was not unaware of the scheming by some senators to grab his job in the event the Appeal rule against him, saying "there are ambition all the time"
He said that he never panic one day when his case was in the Appeal Court , because "I believe in justice"
Basking in the euphoria of his victory he said, "this land mark judgment is a manifestation of the role of the judiciary in the sustaining democracy, justice and the rule of law in Nigeria"
Mark while acknowledging cheers from dozens of senators and his political associates who stormed his Apo residence also insisted that he did not adjourned senate for two months to save his job adding however that he has forgiven those behind the speculation
However, indication through the Senate leader, Teslim Folarin emerged that the upper House may reconvene next week to specifically consider the 2008 budget amendment bill presented to the senate recently for approval by president Umar YarAdua
The leadership also said that it may in no distance time dissolve the standing committees of the senate and effect some changes that would further position the senate for task ahead
Folarin who dropped the hint at the Apo residence of the senate president however said that the planned change of guard was not targeted at senators opposed to Senator Mark but a necessary action to make senate function better.
Delivering judgment that lasted over two and half hours, Justice Zainab Bulkachuwa, leading two other justices said the lower tribunal in its judgment last February 28, was wrong in its decision to order for a fresh election in two out of the nine local government areas where elections were cancelled on the order of an electoral officer.
According to her, Mark's appeal has merit declaring that the court was setting aside the decision of the tribunal because the Electoral Act 2006 did not give an electoral officer the power to cancel a result that was duly certified by party agents after an election.
According her, it was wrong for the tribunal, to in the first place, refuse to admit evidence of falsifications of results in two of the nine local government areas of Benue South senatorial district as presented by counsel to Mark but went ahead to pass judgment apportioning blame on Mark when it was clear that elections in those two local government took place.
The three justices who sat on the case agreed that the grounds sought by the appellant, Mark were tenable and admissible in law and went ahead to allow the appeal based on the fact that the decision of the lower court was not in tandem with existing court practice.
According to her, since the results in the two contentious local governments were recorded in the INEC returning forms it was wrong for the returning officer to have cancelled the results considering that he was not under law to have done so.
She said "however, where an election has been concluded and returned as in the instant appeal, section 69 B of the Act applies such returns cannot be cancelled or invalidated by any body.
"In the instant case all the processes of an election have been concluded as all entries into the various forms of the election results have been entered and endorsed by party agents at the various levels, the returning officer at the top of the electoral pyramid lacks the power to cancel the elections.
"Section 69 of the Electoral Act does not confer such powers on him, the lower tribunal was therefore wrong to have held that it has such powers.
"For all that I have been saying this appeal has merit and thereby is allowed. The decision of the lower tribunal which was given on the 28th of February is hereby set aside.
"That the return of the appellant as senator representing Benue South is hereby affirmed". She ruled.
With the pronouncement of this judgment, the atmosphere in the courtroom became charged as supporters of the senate president went wild with jubilation.
Outside the courtroom, it was all celebration galore as the Idoma nation, particularly those in support of the Mark, who came in their large numbers started singing praises of the senate president just as they equally booed supporters of the Young Alhaji.
A security man in uniform who could not be identified shot more than four to five rounds of live ammunitions in the air. The act caused panic among the jubilant crowd.
Before the appellate court sat, security was beefed up as early as 6:00 a.m. with mobile police men well armed Police dogs and plain clothe security men taking charge of the main gate into the court premises.
At the court representative of the senate president, David Mark who did not make personal appearance. Leading the team was one time governor of Jigawa state, Senator Saminu Turaki, Nicholas Ugbane, Emmanuel Okpede, Col. Baba Nyam, Alhaji Sule Audu, Ambassador Ogbe Ogbande, Abba Omoru and Hon. Agbo Ogah, chief of staff to the senate president.
The judgment was immediately followed with a flurry of reactions from eminent Nigerians.
Turaki extolled the verdict of the court contending that what the court did was upright. But, a former senator from Benue state, Joseph N. Waku lambasted the judiciary insisting that the judgment has "murdered justice".
According to Waku, who all this while had been, appearing in the court in solidarity with the Young Alhaji, the decision of the upper court to set aside judgment of the lower court was not in tandem with the results that where announced outside the polling centers which he said were what the lower tribunal based its annulment of Mark's election.
At the Apo residence of Mark Senate spokes man, Senator Ayogu Ezeh, the deputy senate president Ike Ekweremade in their separate reaction said the leadership of upper House was aware of the plot by some senators to grab Mark' job in event the Appeal court rule against him
Ekweremadu said the victory would further strengthen the senate as one united family ready for the task ahead. According to him, "this is victory for Nigerians because the truth has emerged and falsehood has disappeared."
He declared that the senate would reconvene next week to pass the supplementary budget.
He assured that the senate leadership would not any thing against those that showed interest in Mark's job, saying ambition is a natural thing'
Senators Sylvester Anyanwu. Adeleke Mamora, Bob Effiong , Ganiyu Solomon and other first callers at the senate president's home contended that the senate would now be more focused and united stressing that what they called pockets of ambitions are over
Expressing delight over the ruling, Mark extended the olive branch to his opponents insisting that there is no loser but winners in his victory yesterday
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