The State and National Assembly Petitions Tribunal in Benue State yesterday upheld the election of the senator representing Benue South senatorial district, Senator David Mark of the Peoples Democratic Party (PDP).
The tribunal dismissed the petition filed by the candidate of the All Progressives Congress (APC), Daniel Onjeh, saying it struck out the petition for lack of adequate evidence.
Onjeh had dragged Mark to the tribunal, alleging that the April 2015 senatorial election in Benue South district was marred because the card reader was not used, and that there was open financial inducement of voters and mutilation of result figures.
Among other prayers, Onjeh had urged the tribunal to nullify the emergence of Mark and declare him winner of the poll or in the alternative, order a fresh conduct of the poll.
Yesterday, the chairman of the tribunal, Justice Dipeolu Mosumola, however, held that the petitioner failed to prove his case with adequate evidence on valid documents.
But Onjeh, yesterday vowed to appeal the judgement and described it as a verdict full of loopholes.
He said the petition is like the battle between David and Goliath, and insisted that even though he does not have chariots and horses, he would fight to the last point of justice.
However, Justice Mosunmola said the evidence in the prayers of the petition did not come from those that participated in the election on the field. She also held that none of the witnesses personally testified of any financial inducement or harassment as alleged.
She further held that the petition failed, contravened section 28 (1)a of the Evidence Act 2011 and it is “accordingly dismissed.”