The Court of Appeal sitting in Abuja has affirmed the election of the All Progressives Congress candidate in the Benue North East Senatorial District election, Emmanuel Udende.
The Independent National Electoral Commission had declared Udende the winner of the February 25 election after polling 135,573 votes to defeat Senator Gabriel Suswam of the Peoples Democratic Party who garnered 112,231 votes.
However, the Benue State National Assembly Election Petitions Tribunal declared Suswam as the winner of the election.
The tribunal cancelled 51,895 votes entered for Senator Udende and also cancelled 21,229 votes entered for Senator Suswam.
After subtracting the padded votes, Senator Suswam was left with 90,590 while Senator Udende scored 82,699 votes.
Not satisfied, Udende appealed against the judgment at the court of appeal.
The appellate court on Wednesday, in a unanimous decision by a three-member panel of Justices, said it was satisfied that Suswam was not the valid winner of the senatorial election that was held in Benue North East on February 25.
The appellate court, however, set aside the tribunal’s judgment which declared the former Benue governor as the winner of the election.
The panel led by Abimbola Obaseki-Adejumo, said, “The return of the Appellant as the winner of the Benue North East senatorial election that was held on February 25 is hereby affirmed.
“Parties are to bear their respective cost.”
