The National Assembly Election Petition Tribunal sitting in Makurdi, Benue state, on Saturday upheld the election of All Progressives Congress (APC) Philip Agbese, for the Ado/Okpokwu/Ogbadibo Federal constituency of Benue.
Agbese following his emergence as winner of the February 25, 2023 election, was dragged to the tribunal by two contestants in the election – Ralph Ogbodo of Labour Party (LP) and Aida Nath of Peoples’ Democratic Party (PDP).
The duo in their separate petitions sought an order to void the return of Agbese as the lawful winner of the election among other things.
But, the tribunal however ruled in the favour of the responder, Agbese, on grounds that the petitioners could not prove their cases beyond reasonable doubt.
Justice Emeka Zedi Dada, who delivered the judgment in Aida versus Agbese, held that the petition against the respondent was incompetent because unlawful exclusion is not a sufficient ground for election petition, adding that even if that was not the case, she (Aida) is unable to prove the case of noncompliance.
Similarly, the tribunal held in the case of LP’s Ogbodo, that the contestant could not discharge the burden of proof of non compliance and other irregularities complained of which contravened the position of the electoral act.
Reacting to the judgment, Agbese’s counsel, Adetunji Oso, Esq, told journalists that justice had been done as he posited that Agbese will continue to discharge his duties as the duly elected member representing Ado/Okpokwu/Ogbadibo federal constituency.
Aida’s counsel, Mark Ofikwu, Esq, however noted that the decision shall be analysed and appropriate action taken.
