The Benue State Governorship Election Petition Tribunal on Monday dismissed the petition of the All Progressives Congress’ (APC’s) governorship candidate Emmanuel Jime against the election of Governor Samuel Ortom for lack of merit.
Jime is challenging the election of the governor on the grounds that the poll conducted on March 9 and the supplementary election held on March 23 were marred by irregularities and not in compliance with the Electoral Act 2010 as amended.
He further alleged that the governor was not duly elected by lawful votes, asserting that he (Jime) polled the highest number of valid votes and as such, should be declared winner of the election or in the alternative, an order should be made for fresh election.
Governor Ortom stated that the election was conducted in substantial compliance with the Electoral Act 2010 as amended, adding that non substantial compliance did not affect the result of the election.
He averred that even if deductions were made as pleaded by the petitioners, the margin of lead was high and as such, the petition should be struck out in its entirety.
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During the hearing of the petition, Jime called 59 witnesses, Ortom called only one, while the electoral empire, the Independent National Electoral Commission (INEC), did not call any witness.
In a nine page judgement delivered by the Chairman of the tribunal, Justice Henry Olusiyi, he held that the petitioner’s witness statements were contradictory, unreliable and not credible.
Justice Olusiyi added that their statements were incompetent, frowning at their inability to identify documents and link them to the case, which amounted to dumping the materials on the tribunal.
He also held that the petitioners failed to prove allegation of over voting, noting that voters’ register and not the smarter remained the valid method to ascertain the number of registered voters in an election.
“Card reader can only be alternative and admissible if the National Assembly amends the Electoral Act to provide for it. Witnesses failed to prove allegation of over voting to warrant the cancellation of votes in polling units.
“We are satisfied that the result sheet presented to us by INEC is a true representation of votes cast in the election.
“We find no merit whatsoever in the petition. We hold that the election of Governor Samuel Ortom by INEC is affirmed.”
Prior to the judgment, the tribunal ruled on seven applications and preliminary objections that bordered on pre-trial, smart card, introduction of new facts among others.
While the tribunal ruled five of the issues in favour of the APC, two others were resolved in favour of the PDP. This is just as it refused the introduction of additional facts and four additional witness statements by the APC, which was struck out in favour of the PDP
According to the tribunal, the petitioners attempted to smuggle new facts, contrary to Section 16 (1 ) of the first schedule of the Electoral Act 2010, as amended.
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