allAfrica.com: Nigeria: Mark Moves Against Opponents (Page 1 of 3)

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.

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