Daniel Onjeh and David Mark
Daniel Onjeh and David Mark

Daniel Onjeh, the All Progressives Congress’ candidate in the Benue South Senatorial District re-run election has lost out at the Election Petition Tribunal sitting in Makurdi. The failure of the petition means that Senator David Mark retains his seat at the Senate.

According to Justice Chinyere Anulude who delivered the ruling today, the petition failed because it was filed outside of time by a day. She said the Supreme Court in Okechukwu vs INEC settled the issue of time as it relates to election petitions and that Section 285(5) of the 1999 Constitution was settled by that ruling. The judge ruled that Onjeh’s petition was filed after 21 days stipulated in the constitution and that those 21 days ought to have begun from the day of the election.

The grounds under which the APC candidate filed his petition were that Senator David Mark was declared by INEC to be the winner with a margin of victory of 12,000 votes and that the number of cancelled and voided votes were over 29,000. He also claimed that the evidence on the Certified True Copy of the result declaration sheets obtained by INEC showed irregularities and non-compliance with the Electoral Act 2010 (as amended). He was therefore praying the tribunal to declare him winner of the election.