Tribunal nullifies Akume, Akaagerger's senatorial elections in Benue State January 26, 2008 | posted by Mobolaji Aluko (Archives)

 

VANGUARD

Tribunal nullifies Akume's election

Written by Peter Duru

Saturday, 26 January 2008

MAKURDI — Benue State legislative Houses Election Petition Tribunal sitting in Makurdi has nullified the election of the former Benue State Governor, and Senator representing Benue North West Senatorial District in the upper chamber of the National Assembly, Senator George Akume. It also cancelled the election of Senator Joseph Akaagerger representing Benue North East, citing  massive malpractices and negligence on the part of INEC. Delivering judgment yesterday on behalf of the five member tribunal, in the case brought before the panel by Dr. Simon Lim of the Action Congress challenging the return of Dr. Goerge Akume of the PDP;  Ikpeama J. held that two of the pleas by the  petitioner that the respondent was convicted by the code of conduct Bureau and that he was not qualified to contest the election were not proved hence were dismissed by the tribunal for failure of the petitioner to prove same. It however upheld the allegation of massive irregularities in the said election taking notice of the fact that section  29(1) (2) of the electoral act 2006 which provided that all INEC staff affirm or take the oath of neutrality before embarking on electoral duty was not adhere to, noting that oaths were only administered on INEC staff days after the conduct of the election. It also noted with that there were no proofs that ballot papers were issues to prospective voters as there were no records to that affect adding that the first petitioner buttressed these by tendering his voters card to show that he was actually disenfranchised on the day of the election.

 

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LEADERSHIP

Benue Tribunal Voids Elections of Akume, Akaagerger

Leadership (Abuja)

NEWS
25 January 2008
Posted to the web 25 January 2008

By Joseph Wantu

The Governorship, Houses of |Assembly and National Assembly Election Petitions Tribunal in Makurdi today nullified the election of former Governor of Benue State Dr. George Akume as Senator representing Benue State North-West Senatorial District as well as Senator Joseph Akaagerger for Benue State North-East Senatorial District for non-compliance with the electoral act 2006.

While Akume's election was challenged by Dr. Simon Lim of the Action Congress, while Akaagerger's was contested by Prof. David Iornem and Dr. Benjamin Ikyanyon of the ANPP.

Ruling on Akume's case, Justice P.C. Ikpeama who looked at the main issues for determination that of, the competent of the first respondent to contest the election even when he had been indicted by the Code of Conduct Bureau for corruption as alleged by the Petitioner, he resolved this issue in favor of Akume stating that the petitioner, Dr. Lim failed to prove the allegation beyond reasonable doubt, adding too that he even abandoned the matter.

However, on the issue of non-compliance with the Electoral Act. 2006, the tribunal held that they were marred by widespread irregularities just as they also, observed that INEC dumped documents on the tribunal without giving evidence.

Furthermore, the tribunal noted that there no proper accreditation of voters for the election adding that in most of the 7 LGAs particularly Tarka LGA, home country of Sen. George Akume, that make up the Senatorial district, registers of voters' were not marked.

According to Justice Ikpeama, "the non ticking of voters' register clearly showed that elections did not take place in the District".

Similarly, in the Akaargerger's case, Justice Bilikisu Aliyu who delivered the 150 page judgment the election was nullified on the grounds that it was marred by lots of irregularities.

In both cases, INEC was ordered to conduct fresh election within 60 days from the Day of Judgment.

 

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GUARDIAN

 

Saturday, January 26, 2008              

Akume, Akaargerger Lose Senatorial Seats
FROM SIMEON NWAKAUDU, MAKURDI

TWO major electoral defeats were suffered by the Peoples Democratic Party (PDP) yesterday as the Benue State Election Petition Tribunal nullified the elections of immediate past governor of the state Senator George Akume (Benue North West) and Senator Joseph Akaagerger.

The tribunal ordered fresh elections in the two senatorial districts within 60 days of delivering the judgments. The fresh elections are to take place in all the 17 local councls of the two senatorial districts.

Delivering judgment on the election petition filed by Dr. Simon Lim, Action Congress (AC) against the election of Akume, Justice P.C. Ikpeama said the tribunal arrived at its decision after examining voters' registers from five out of the seven local governments that make up the district, as tendered by the petitioner.

The tribunal declared that it discountenanced voters' registers tendered by the Independent National Election Commission (INEC) on subpoena by the respondents on the grounds that INEC had the privilege of tendering all forms and the registers at the time that the petitioner applied, but chose to withhold other registers for inexplicable reasons.

According to the tribunal, a close examination of voters' registers tendered by the petitioner revealed that there were irregular tickings on them, with some having one, others two and the remaining having no tickings at all indicating that no voting took place in such areas.

The tribunal declared that it had resolved to accept five tickings of the voters' registers as the only authentic way of proving that elections took place for the five separate days. On the other hand, if it was to accept two tickings of the voters' registers, then they were to be in red and blue ink as prescribed by the INEC Elections officials' manual, which the tribunal rates as a subsidiary law.

Also, the tribunal disclosed that it nullified the election of Akume because the oath of neutrality for INEC staff was administered after the election and that agents of the PDP connived with INEC staff to snatch and divert electoral materials, embarking on illegal thumb-printing in private homes.

All the defence witnesses, who tendered evidence for Senator Akume, the tribunal noted were unreliable, since they contradicted one another and did not participate in the elections as polling agents.

In the other ruling for the consolidated petition of Professor David Iornem (AC) and Mr. Benjamin Ikyanyon (ANPP) against the election of Senator Akaagerger of the PDP, the tribunal nullified the election on the grounds of irregular ticking of the voters' registers and the late administration of oaths of neutrality of the electoral officials.

In a judgment read by Justice Bilkisu Aliyu, the tribunal declared that it found the evidence adduced by the petitioners to be more credible than that of the respondents.

Just after the two judgments were delivered, wild celebrations engulfed Makurdi, the Benue State capital, as residents took over the streets waving brooms in support of the AC.

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PUNCH

Tribunal removes Akume, Akaagerger

The Benue State Elections Petition Tribunal has nullified the elections of the former governor of Benue State, George Akume and Senator Joseph Akaagerger, both representing Benue North West and Benue North East Senatorial Districts on the platform of the Peoples Democratic Party. The tribunal, which delivered the judgment on Friday also declared their seats vacant and ordered fresh elections to be conducted within 60 days.

Delivering judgment on the election petition filed by Dr. Simon Lim of the Action Congress (AC) against the election of Senator George Akume for Benue North West Senatorial District, Justice P.C. Ikpeama said that the tribunal arrived at its decision because the election was full of flaw because it failed to comply substantially with the electoral act 2006.

He noted that after examining the voters‘ registers from five out of the seven local governments that make up the district, as tendered by the petitioner there was massive allocation of votes in most wards, registers were not ticked, while elections materials were diverted to private houses where they were thumbprinted.

The tribunal declared that it discountenanced voters‘ registers tendered by INEC on subpoena by the respondents on the grounds that INEC had the privilege of tendering all forms at the registers at the time that the petitioner applied, but chose to withhold other registers for inexplicable reasons.

According to the judge, he observed that witnesses for the respondent, Senator Akume, contradicted themselves pointing out that in one instance, they claimed that the election was free and fair and in another, they admitted that they were marred by widespread irregularities saying that the witnesses were hired to lie and deceive the tribunal,

On INEC, the Judge remarked that a close examination of voters‘ registers tendered by the petitioner revealed that there were irregularities on them, with some having one, others two and the remaining had no tickings to indicate that no voting took place in such areas.

The tribunal declared that it had resolved to accept five tickings of the voters‘ registers as the only authentic way of proving that elections took place for the five separate days. On the other hand, if it was to accept two tickings of the voters‘ registers, then they were to be in red and blue ink as prescribed by the INEC Elections officials‘ manual, which the tribunal rates as a subsidiary law.

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