Benue NASS Tribunal sets to deliver two judgements

The Peoples Democratic Party, PDP, candidate in the Gwer East/Gwer West Federal Constituency election of February 25, 2023 in Benue State, Mr. Emmanual Ukaa, has urged the National and State Assembly Elections Petitions Tribunal sitting in Makurdi to declare him the winner of the election, on the grounds of alleged forgery against Mr. Asema Achado of the All Progressives Congress, APC. 

Mr. Ukaa also urged the tribunal to "void the return of Mr. Achado as the winner of the election since he was not eligible to contest the election having presented a forged certificate to the Independent National Electoral Commission, INEC, in his form EC-9." 

Ukaa stated this through his counsel, Mr. Kenneth Ikonne, while adopting his final written address. 

He prayed the court to allow his pleadings and grant the reliefs sought. 

The Counsel to INEC, Abdujabar Aliyu, counsel to Achado, Sam Oyege and that of the APC, Fidelis Mnyim all urged the court to "dismiss the petition and award cost against the petitioners(Ukaa and the PDP). 

The Chairman of the three-member panel, Justice Amina Aliyu accordingly adjourned the matter for a judgement on a date to be communicated to the parties. 

In Petition marked EPT/BN/HR/12/2023, Mr Ukaa avers that Achado at the time of the election was not qualified to contest the election. 

He alleged that, Achado presented a forge certificate to the Independent National Electoral Commission in his Form EC-9, wherein Achado certified under oath in paragraph "C, schools attended/Educational qualification with date" that he, Austin Asema Achado, secured various educational qualifications including IJMB certificate, B.Sc and M.Sc Degree in Architecture as well as WAEC and FSLC, whereas he, Austin Asema Achado, had no such qualifications. 

According to Ukaa, "contrary to express requirement/ stipulation in paragraph C of the the aforesaid Form EC9, Achado withheld/concealed the identities of the schools from which he obtained the said educational qualifications, thereby making the task of verification of both the school and the claimed qualifications impossible." 

Still in the same court, the tribunal also adjourned for judgement the petition by Benjamin Mzondu of the PDP, challenging the victory of Dickson Tarkighir of the APC. 

Mr. Mzondu and the PDP alleged that Mr. Tarkighir was at the time of the election not eligible to contest the election having presented a forged certificate to INEC. 

The INEC, Mr. Tarkighir and APC urged the tribunal to dismiss the petition with substantial cost against the petitioners. 

In the petition, Mzondu and the PDP are seeking a declaration that as at the time of the election, Tarkighir was not qualified to contest the said election. 

They are seeking an order voiding the declaration and return of the Tarkighir as the winner of the election to the House of Representatives for the Guma/Makurdi Federal Constituency of Benue State. 

They are also seeking an order declaring Mr. Mzondu as the winner of the election to the House of Representatives for the Guma/Makurdi Federal Constituency of Benue State, amongst others.