The Court of Appeal, Makurdi Division, on Wednesday, reserved judgement in Mr Daniel Onjeh’s appeal against Senator David Mark.
Onjeh, APC senatorial candidate in the February 20 Benue South Senatorial District legislative rerun election, challenged the dismissal of his petition by the National Assembly Tribunal.
He had asked the tribunal to declare him as the winner of the poll instead of Mark of PDP.
However, the tribunal chaired by Justice Abdullahi Sanya, struck out the petition on June 30, holding that it was filed out of time.
The tribunal agreed with the respondents’ counsel that Section 285(5) of the 1999 Constitution, which stipulates that a petition must be filed within 21 days after the date of declaration, was not adhered to.
Dissatisfied by the ruling of the tribunal, Onjeh filed a notice of appeal challenging the decision of the tribunal.
Onjeh’s counsel, Mr Tunji Oso, while adopting his brief of argument, distilled four issues for determination.
Amplifying his brief, the appellant’s counsel said that there was no ambiguity about the word after as used in Section 285(5) of the 1999 Constitution.
According to him, after the date does not mean the same thing as after an act.
Oso, therefore, urged the court to allow the appeal and return the petition back to the tribunal for continuation of trial.
But, Mark’s counsel, Mr Kenneth Ikonne, adopted his brief of argument, and urged the court to be bound by the Supreme Court decision in Okechukwu against INEC and dismiss the appeal.
Counsel to PDP and INEC, Mr Chris Alechenu and Mr Johnson Usman, also urged the court to dismiss the appeal for lacking in merit.
The presiding judge, Justice Oyebisi Omoleye, after hearing counsel submissions reserved judgment to a date to be communicated to the parties.
