Court of Appeal upholds David Mark’s election

The Court of Appeal on Friday upheld the election of a former

Senate President, David Mark, as the senator representing
Benue South Senatorial District.
Mr. Mark, a member of the Peoples Democratic Party, defeated
the candidate of the All Progressives Congress, Daniel Onjeh, in
the February 20 re-run.
He had won the March 28, 2015 senatorial election but was
sacked by the court which ordered the re run. Mr. Onjeh also
challenged the result of the re run.
In upholding Mr. Mark’s election on Friday, the three-member
panel of judges led by Justice Obande Ogbuinya, said Mr.
Onjeh’s petition lacked merit, was incompetent and status
barred and therefore dismissed it.
The panel, which included Oyebisi Omoleye and Ifeoma Jombo,
were unanimous in their decision.
Ken Ikonne, counsel to Mr. Mark, and the counsels representing
the Independent National Electoral Commission and the PDP,
Johnson Usman and Chris Alechenu, respectively, had told the
court that section 285 (5) of the 1999 constitution was clear on
the fact the day of declaration of an election result should be
included in the days allowed for the filing of a petition before a
court.
They asked the court to dismiss the appeal and award cost
against Mr. Onjeh.
Mr. Onjeh had approached the court after the Benue State
Election Tribunal struck out his petition for lack of merit and
also for filing it behind the stipulated time.

In the petition, the APC candidate alleged
irregularities in the election.
Reacting to his victory, Mr. Mark said the journey to victory
was tortuous but that he was glad that all avenues were
exhausted to affirm it.
“I’m glad that the final verdict of the appeal court vindicates me
and truly reaffirmed my victory freely given to me by the
people of Benue South Senatorial zone,” he said in a statement
by his media aide, Paul Mumeh.
“I’m happy that the Judiciary stood on the side of justice and
respected the wishes of Benue South people.”
Mr. Mark also said he had forgiven his opponent Mr. Onjeh and
all those who conspired against him during the election.
He said, “For me, I have forgiven all those especially some of
my close friends who conspired against me. For to err is
human, to forgive is Divine. I will continue to serve my people
honestly and diligently. Whatever makes for the good of my
people will always be my guide.
“I whole heartedly appreciate the support and solidarity of
Idoma nation towards me. In spite of the unwarranted
provocation and intimidation especially during the rerun
election, you came out in large numbers to vote for me. I’m
truly grateful “.
Mr. Mark called on all sons and daughters of Benue South to
come on board and join hands with him in the task of
developing and empowering the people of the district.