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LequteMan
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The Benue State Governorship Election Petitions Tribunal sitting in Makurdi has upheld the election of Governor Samuel Ortom, throwing out the petition of Terhemen Tarzoor of the PDP.
In a three-hour judgment, Justice Elizabeth Karatu, pointed out that the petitioner failed to provide valid evidence to show that the APC did not hold its primary as required by law.
According to her, the Petitioners witness (one) made mockery of the tribunal by presenting to it, a report of the Independent National Electoral Commission, (INEC), on the APC primary which was not written on an INEC letter headed paper nor signed by the relevant persons.”
Justice Karatu further pointed out the failure of the petitioner to spell out the relief being sort in the matter.
She held: “By the provisions of Section 140(2) of the 2010 Electoral Act as amended, in the face of the paucity of facts presented before the tribunal, the petitioner has to succeed on the strength of his own case.”
She stated that this principle was discountenanced by the petitioner in the course of the trial thereby dealing a blow to his petition.
Justice Karatu added, “the petitioner did not ask for the conduct of fresh elections, the court therefore cannot grant a relief that was not pleaded.”
“The petition is therefore dismissed and the return of the first respondent (Governor Ortom) is thereby upheld.” she said.
ThisDay
In a three-hour judgment, Justice Elizabeth Karatu, pointed out that the petitioner failed to provide valid evidence to show that the APC did not hold its primary as required by law.
According to her, the Petitioners witness (one) made mockery of the tribunal by presenting to it, a report of the Independent National Electoral Commission, (INEC), on the APC primary which was not written on an INEC letter headed paper nor signed by the relevant persons.”
Justice Karatu further pointed out the failure of the petitioner to spell out the relief being sort in the matter.
She held: “By the provisions of Section 140(2) of the 2010 Electoral Act as amended, in the face of the paucity of facts presented before the tribunal, the petitioner has to succeed on the strength of his own case.”
She stated that this principle was discountenanced by the petitioner in the course of the trial thereby dealing a blow to his petition.
Justice Karatu added, “the petitioner did not ask for the conduct of fresh elections, the court therefore cannot grant a relief that was not pleaded.”
“The petition is therefore dismissed and the return of the first respondent (Governor Ortom) is thereby upheld.” she said.
ThisDay