Appeal court sacks Suswam, declares APC’s Udende as Benue north-east senator

The court of appeal in Abuja has sacked Gabriel Suswam of the Peoples Democratic Party (PDP) as senator representing Benue north-east. 

The appellate court, in a unanimous decision by a three-member panel, declared Emmanuel Udende of the All Progressives Congress (APC) as the duly elected senator representing Benue north-east district.

The Independent National Electoral Commission (INEC) declared Udende as the winner of the February 25 election after polling 135,573 votes to defeat Suswam who garnered 112,231 votes.

Not satisfied with the outcome of the poll, Suswam, a former governor of Benue, approached the state national assembly election petitions tribunal on the ground that the exercise was marred by over-voting, alterations and falsification of results.

On September 8, the tribunal sacked Udende and declared Suswam as senator representing Benue north-east.

In the lead judgement, Ory Zik-Ikeoha, chairman of the three-member panel, declared that the evidence provided by the petitioner’s counsel established that there were cases of over-voting, falsification and mutilation of result sheets as well as malpractices “in five out of the seven LGAs that make up the senatorial district”.

The panel cancelled 51,895 votes entered for Udende and also cancelled 21,229 votes recorded for Suswam.

After subtracting the votes, Suswam was left with 90,590 while Udende scored 82,699 votes.

However, the appellate court on Wednesday reversed the judgement of the tribunal, noting that it found merit in the appeal that was lodged before it by the APC candidate.

The panel led by Abimbola Adejumo held that Suswam was not the valid winner of the election.

“The judgement of the tribunal delivered on 8th of September, 2023 is hereby set aside,” 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.”