Appeal court upholds election of Benue Governor, Samuel Ortom


The Court of Appeal sitting in Makurdi, on Wednesday upheld the verdict of the Election Petition Tribunal which affirmed the qualification and election of Samuel Ortom as governor of Benue State.

The governorship candidate of the Peoples Democratic Party had asked the court to reverse the tribunal’s judgement and declare him winner of the April governorship election in the state.

He said that the tribunal erred in its judgment as Mr. Ortom was not qualified to contest in the election.

He said Mr. Ortom was not validly nominated by the All Progressives Congress to stand for the election.

He had sought a declaration by the appellate court to set aside the tribunal’s judgement which had dismissed his petition for lack of merit.
Mr. Tarzoor had also asked the court to direct the Independent National Electoral Commission to declare him winner of the April governorship poll.

In its argument, the APC had insisted that its candidate was validly nominated in conformity with the requirements of the Electoral Act, 2010, adding that the burden of proof rests on the shoulders of the appellants.
All parties in the case – APC, PDP, INEC – had filed cross appeals and cross appellant appeals challenging certain aspects of the tribunal’s judgment.

However, in a unanimous decision read by Justice Mohammed Garba, the court dismissed the appeal in its entirety for lack of merit.
Mr. Garba said the appellants failed to discharge the burden of proof which rested on them, in line with the legal dictum that ” he who alleges must prove”, adding that the lower court was right in dismissing the petition.

Reacting to the judgment, counsel to the PDP, Donald Kertyo, said his team would test the ruling at the Supreme Court.

http://www.premiumtimesng.com/regional/north-central/193409-appeal-court-upholds-election-of-benue-governor-samuel-ortom.html

I thought the PDP and their court jester on nairaland were threatening the tribunal that the Benue Election Tribunal Appeal "must" go their way because of the outcome of the Taraba tribunal.

Bunch of jokers!

Even when it is glaring to everyone that the process that produce Ortom was flaw. PDP have to prove it with documents. That was y I laugh when they uses Taraba as their hope.

mozel247:
Even when it is glaring to everyone that the process that produce Ortom was flaw. PDP have to prove it with documents. That was y I laugh when they uses Taraba as their hope.

I tire oh, the burden of proof lies with the party alleging. The tribunal (not Appeal court) maintained in their own ruling that the document PDP submitted and claimed it emanated from INEC was not on INEC's letter head and was not signed by INEC's authorized persons.

it is evident to learned minds that such a document will not be admissible in court.

Most times during Appeal, new evidence is not usually tendered, what the Appeal chiefly looks at is whether the lower court was right in its submissions.



Now compare this Benue scenario to that of Taraba where INEC was physically in court to discountenance the purported PDP primaries in Abuja. Another second major point in that Taraba petition was also that submission of nomination has closed for political parties by the time PDP submitted its candidate for the Taraba gubernatorial election.


I am sure the PDP wailers would soon hit this thread with their wailings on 'judicial manipulation'. The zombies dont know that cases are not won by wailing on the internet and on the pages of newspapers but in the court rooms by intelligent and sharp minds!

bad news to 'em wailing family.











Said Chanji !!!

mozel247:
Even when it is glaring to everyone that the process that produce Ortom was flaw. PDP have to prove it with documents. That was y I laugh when they uses Taraba as their hope.

I am sure PDP will still lose the Taraba Appeal. Because APC was able to effectively proof its case.

Moreover 2 PDP Senators from that same Taraba state already has their victories nullified by the Tribunal, while the Appeal court has already decided the Appeal emanating from one of the cases, with APC still wining the Appeal.

This is the news below:-

Appeal court sacks PDP senator in Taraba

By Emmanuel Ande, Yola on November 18, 2015 1:15 am

OVER one week after the Elections Petitions Tribunal sitting in Abuja sacked Taraba State governor, the Court of Appeal sitting in Yola yesterday upheld the Taraba Election Petitions Tribunal’s ruling, which sacked Senator Bashir Marafa Abba of People’s Democratic Party (PDP), representing Taraba Central Senatorial District.

In a unanimous judgment that lasted for over two hours, the three judges, Justices Jummai Hanatu Sankey, Duobele Abraham and Maiwada, all agreed that the appeal brought before the court by the plaintiffs lacked merit and was therefore dismissed.

They upheld the decision of the Tribunal sacking Marafa Abba as senator representing Taraba Central.

The tribunal had last month sacked Marafa after the plaintiff at the tribunal proved all the allegations of election malpractice where it ruled that Yusuf of APC be declared the winner of the senatorial election.

Speaking after the judgment, Chairman of Taraba APC, Alhaji Hassan Jika Ardo, expressed delight at the judgment and commended the judiciary for living up to expectations.

Ardo urged APC supporters in the state to continue to remain calm in the state, adding that his party would continue to seek justice in the law court over what he described as snatching of the party hard-earned victories in the last general elections.

http://www.ngrguardiannews.com/2015/11/appeal-court-sacks-pdp-senator-in-taraba/

cc: Afam4eva, OAM4J, Lalasticlala

APC: Upheld, PDP: Cancelled. Intimidating party

agabusta:
I thought the PDP and their court jester on nairaland were threatening the tribunal that the Benue Election Tribunal Appeal "must" go their way because of the outcome of the Taraba tribunal.

Bunch of jokers!

According to Chief Judge on Nairaland, Tonyebarcanista , https://www.nairaland.com/2721513/taraba-judgement-what-good-taraba PDP win the case on Nairaland but in reality where it matters the APC takes the crown. Well, we should never say never until the supreme court says their final verdict.
But seriously, our lawyers just dy make money from left and right.

WAILERS!!!
Food is Ready
Let's hear what you will say this time

APC through Buhari has politicized the Judiciary system of this country.

i am hungry

When PDP think they are actually wreaking havoc on APC.

Rubbish.. Election dat was rigged

Sorry the tribunal was rigged


Abi na d appeal court was rigged


Pdp pimps. How market se aje wa??v


Never in this country will Pdp rule us IJN..

Apc Change!

I can only laugh

Good

Time for Barcanista to come and wail again

K

ENDTIME

The Tyrant Buhari has totally bastardized the Judiciary system of Nigeria!

PDP are having a bumpy ride and its going to be a Loooong ride

Que Sera Sera!











**Pls i am using this medium to appeal to those flooding this forum with "endtime". It is now stale and gradually becoming an abuse.

Mega005:
Rubbish.. Election dat wa rigged

Rigged ? So funny.
Ok, we humans are comedians, once an election favor us we call "Perfect" but if it goes the other way we call it "Rig"

neolboy:
APC: Upheld, PDP: Cancelled. Intimidating party

Eyahhhhhh..... Kpele

i am apc but this ortom is worse than suswan

chesterlee:
Buhari has totally bastardized the Judiciary system of Nigeria!

Agony of a looser

Our judiciary remains a disgrace for allowing the executive to control their affairs.

In other news

Baba be like make I ban generator, fuel they cost.

I hope the Courts and tribunals sitting in 'Abuja' for only PDP States will apply the same Benue verdict for Taraba since their case is similar.

I am also aware that the APC primary elections is being contested in court by one Hon. Jime who was substituted with Ortom without another primary conducted.