The National/State Election Petition Tribunal in Makurdi has upheld the election victory of Mrs. Danladi Lami, the Deputy Speaker of the Benue State House of Assembly. Lami, representing Ado State Constituency on the All Progressives Congress (APC) platform, had contested against Mrs. Agnes Uloko of the Peoples Democratic Party (PDP).
Mrs. Uloko had filed a petition with the tribunal, alleging that Mrs. Lami was not eligible to contest the election for the Ado State Constituency. She argued that Mrs. Lami’s votes were invalid, and she should be declared the winner and issued a certificate of return.
In delivering its judgment, the tribunal’s chairman, Justice Ory-Zik Okeorha, clarified that the issue of certificate forgery was a pre-election matter. The tribunal explained that the Electoral Act of 2022 outlined three grounds for challenging an election, including the candidate’s qualification to contest the election (as per section 134 sub 1 of the Electoral Act 2022), election invalidity due to noncompliance with Electoral Act provisions, and the respondent not being duly elected by a majority of lawful votes.
The tribunal identified two key issues for determination: the allegation of certificate forgery presented by the first respondent (Mrs. Lami) and whether the petitioners had provided sufficient evidence to support their case.
Justice Okeorha emphasized that the petitioner’s lone witness failed to substantiate their case, and the evidence presented lacked credibility. The tribunal concluded that the disparity in the candidate’s name was not fatal to the election and found no criminal intention in the removal of the name ‘Ogenyi.’ Therefore, the tribunal ruled in favor of Mrs. Lami, affirming her as the winner of the Ado State Constituency election.
Furthermore, the tribunal ordered the petitioner to pay a cost of 500,000 Naira to Mrs. Lami and 100,000 Naira each to the second and third respondents. The petition was dismissed for lacking merit, substance, and credibility.
