Tribunal Strikes Out Mark’s Application

John Akpodovhan and Donald Kumun, Makurdi - 09.02.2008

THE Benue State Election Petition Tribunal sitting in Makurdi has dismissed Senator David Mark’s motion seeking to prove that the INEC exhibits in its custody were tampered with.

However, Mr. Damian Dodo (SAN), counsel for Mark, is heading for the Appeal Court to contest the tribunal’s ruling. In his ruling, Justice A.A. Nwobodo, dismissed the motion saying that the issue of fraud was one of the contentious issues in the petition now before it and, as such, the tribunal cannot re-open the case to allow the Senate President prove his allegations.

The Senate President and INEC, the tribunal noted, had initially joined issues with the petitioner on the allegation of fraud as regards the alterations on the electoral forms now before the tribunal.

While pointing out that under the present circumstances, there was no exceptional reasons why the case should be re-opened, the tribunal said it would ensure that all the prayers of the Senate President werw looked into in its judgment.