Appeal Court Sacks Benue Assembly Deputy Speaker – TheNigerialawyer

The Court of Appeal sitting in Makurdi, the Benue State capital
has affirmed the decision of the National and State House of
Assembly’s Election Tribunal, sacking the Deputy Speaker,
Christopher Adaji, as the lawmaker representing Ohimini state
constituency on the platform of the Peoples Democratic Party
(PDP).

The presiding Judge of the three-man panel, Honourable Justice
I. G. Mbaba, who delivered the lead judgment in the separate
appeals filed by the PDP and Mr Christopher Adaji said the appeals
lacked merit.

Justice Mbaba agreed with the decision of the Tribunal that the
declaration and return of Adaji by the Independent National
Electoral Commission (INEC) as winner of the 2019 Ohimini State
Constituency election, without rerun in Otega and Ogadagba was
invalid by reason of non- compliance with Electoral Act 2010 (as
amended).

The Appellate Court further held that the findings of the
Tribunal have not been appealed.

“I find no merit in this appeal,” Justice Mbaba held and
consequently dismissed same.

He, therefore, issued an order directing INEC to conduct fresh
election in the two polling units within 90 days from the day of
the judgment, as earlier ordered by the Tribunal.

Justice Mbaba further awarded the cost of N200, 000 only in each
of the appeals against the appellants as cost.

INEC had returned Adaji winner with a margin of 397 votes, which
is less than 1, 056 votes cancelled in the two polling units
complained of at the end of the March 9, 2019, Obimini State
Constituency election.