David Mark knows fate Feb 2

Taiwo Adisa, Abuja - 27.01.2008

The Benue State Election Tribunal is to decide on the petition challenging the election of Senate President, Senator David Mark on February 2.

The suit was brought against David Mark, the PDP candidate in the April 2007 election by the candidate of the All Nigeria Peoples Party (ANPP), Mr. Usman Abubakar.

The Senate President is asking for a fresh hearing of the petition following the discovery of falsification and alteration of exhibits tendered by the Independent National Electoral Commission in the course of the trial before the tribunal.

His lawyers claim that the alteration affected results from 54 polling units spanning 2 local governments of the state. Chairman of the Tribunal, Justice C.I. Uriri presided over the sitting on Friday when it was resolved that the matter be adjourned to February 2 so that counsel to the Senate President could file a further written address to the further affidavit of the petitioner.

The President of the Court of Appeal, Umaru Abdullahi had last week summoned members of the tribunal to his office in Abuja when the news of the alteration broke out.

Lawyers to the Senate President, led by Mr. Paul Erokoro (SAN) had sought the leave of the court to move the application seeking a fresh hearing of the petition as a result of the allegation that records of the tribunal have been tampered with.

Two officials of the tribunal, Daniel Aho, bailiff, and James Ochiwu, Clerk had stated that exhibits were altered in the custody of the tribunal, by yet to be identified persons.

When Erokoro made to move the motion, Justice C.I. Uriri drew his attention to the Practice Direction guiding the tribunal and said that the motion could not be moved but must simply be adopted.

Erokoro said: “I have a motion of 1000 pages and I must demonstrate the seriousness of this matter before the tribunal. Exhibits for 54 polling units have been tampered with and we must demonstrate the merit of our case.”

Counsel to the petitioner, Wole Olanipekun (SAN) responding to Erokoro’s remarks said that he saw members of the press writing while Erokoro spoke, noting that the election petition was increasingly becoming a media affair.

He said that the judiciary was the last institution protecting the nation’s democracy, necessitating that it must be shielded from insinuations by the press.

“When matters are in court, the press should not determine cases. We are here to present our cases according to the law, not according to the press,” Olanipekun said.The Chairman explained that since the inception of this administration CPRP has approved a total of 36 Community Projects amounting to N159,385,115.90 on with disbursement made to 15 communities in August, 2007.

The Acting General Manager of the Agency, Mr. Victor Ovat in a remark urged that the community has to be prudent and transparent in its dealing so that people will not suspect embezzlement of funds.