Jane Smith
Sat, Sep 9, 2023 4:35 PMSenator Emmanuel Udende to Reclaim Mandate in Court of Appeal
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MAKURDI - Senator Emmanuel Udende of the All Progressives Congress (APC) has expressed confidence that he would reclaim his mandate as the duly elected Senator for Benue North-East Senatorial at the Court of Appeal.
Udende was reacting to the judgment of the National Assembly Election Petition Tribunal which upheld the petition by Senator Gabriel Suswam of the People's Democratic Party (PDP) challenging the declaration of Udende as winner of the senatorial election held on 25th February, 2023.
The Senator made the declaration in a statement signed by Jerry Iorngaem, his Special Adviser Media and Publicity and made available to newsmen in Makurdi on Saturday.
Udende who assured his constituents of his intention to take the matter to the Appeal Court, explained that he would consolidate his victory at the appellant Court.
The statement partly read: "The Senator drew the attention of his constituents to the minority judgement which upheld his election noting that the Court of Appeal will validate the judicial pronouncement of the judge.
"He said his legal team has concluded preparations to file an appeal and urged for calm as the legal process which he said was part of the democratic runs its course.
Iorgaem further said "Senator Udende stressed that he won the election with majority of lawful votes cast and fulfilled all other requirements hence he was declared victor and subsequently inaugurated as member of the Red Chambers of the National Assembly to represent the good people of the Benue North-East senatorial district.
"He enjoined his constituents not to be shaken by the judgement of the tribunal yesterday as it remains the court of first instance whose judgement was subject to appeal which he was sure would nullify it and consolidate his victory.
"Senator Udende also assured that by law he would remain in the Senate until the conclusion of the legal process."
Recall that the Tribunal had on Friday returned Senator Suswam who had challenged the declaration of Senator Udende as winner by the Independent National Electoral Commission (INEC) after a judgement that lasted for over three hours.
During the election, Senator Udende was declared winner having polled a total of 135,573 votes to beat Senator Gabriel Suswam who polled 112,231 votes.
Thereafter, Suswam challenged the results from 474 polling units across five Local Government Areas (LGAs) in the senatorial zone.
Following the sitting, the tribunal cancelled 51, 895 votes entered for Senator Udende and cancelled 21, 229 votes entered for Senator Suswam and after subtracting the votes that were suspected to have been padded, Senator Suswam emerged winner with 90,590 votes, while Senator Udende polled 82,699 votes.
Delivering judgement, the Tribunal Chairman, Justice Ori Zik-Ikeorha stated that the evidences provided by the petitioner's counsel established that there were cases of over-voting, falsification and mutilation of results sheets as well as malpractices in some of the LGAs in the senatorial zone.
According to the tribunal chairman, "The petitioners establish that the result from the affected polling units were falsified."
What's Next at the Court of Appeal?
Now that Senator Gabriel Suswam's petition has been upheld, Senator Emmanuel Udende is determined to fight for his mandate at the Court of Appeal. He believes that the minority judgement in his favor will be validated by the higher court. The statement released by Senator Udende's media team emphasizes his confidence in the legal process and his commitment to representing the people of Benue North-East senatorial district.
The Court of Appeal will now have the task of reviewing the evidence presented during the National Assembly Election Petition Tribunal and making a final determination on the validity of the election results. While the Tribunal has already ruled in favor of Senator Suswam, the Appeal Court has the power to overturn or uphold that decision.
As the legal battle continues, Senator Udende has urged his constituents to remain calm and trust in the democratic process. He has assured them that he won the election with the majority of lawful votes and fulfilled all the necessary requirements to be declared the victor. He remains hopeful that the Court of Appeal will nullify the tribunal's decision and confirm his victory.
By law, Senator Udende will remain in the Senate until the conclusion of the legal process. This means that he can continue to represent the people of Benue North-East senatorial district while his appeal is pending.
The Importance of Upholding Democratic Processes
The case of Senator Udende and Senator Suswam highlights the significance of fair and transparent elections in a democratic society. It is essential that election results accurately reflect the will of the people and that any allegations of electoral malpractices are thoroughly investigated.
The National Assembly Election Petition Tribunal played a critical role in examining the evidence presented by both parties and reaching a verdict. However, the legal process does not end there. The Court of Appeal provides another layer of scrutiny to ensure that justice is served.
Ultimately, the goal is to uphold the integrity of the electoral system and protect the democratic rights of the citizens. The decision made by the Court of Appeal will have far-reaching implications not only for the individuals involved in this specific case but also for the wider political landscape.
It is crucial that all parties involved respect the outcome of the legal process and abide by the rulings of the court. The resolution of this election dispute will have a significant impact on the representation of the people of Benue North-East senatorial district and their trust in the democratic process.
Conclusion
Senator Emmanuel Udende's determination to reclaim his mandate in the Court of Appeal showcases the resilience of democratic institutions in Nigeria. The legal battle between him and Senator Gabriel Suswam serves as a reminder of the importance of free and fair elections and the role of the judiciary in upholding the principles of democracy.
As the case moves forward, it is essential that the Court of Appeal thoroughly reviews the evidence presented and delivers a fair and impartial judgment. The outcome of this appeal will not only impact the two individuals involved but also the constituents they seek to represent.
Ultimately, this case highlights the need for a robust and efficient electoral system that ensures the voices of the people are heard and respected. The citizens of Benue North-East senatorial district deserve a fair and transparent electoral process that upholds their democratic rights.
Author: Jane Smith
Source of content: OOO News 2023-09-09 News
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