The Court of Appeal sitting in Abuja has sacked Gabriel Suswam as Senator representing Benue North-east Senatorial District in the National Assembly.
The appellate court, in a unanimous decision by a three-member panel of Justices, said it was satisfied that Suswam was not the valid winner of the senatorial election that held on February 25.
It faulted the judgement of the Benue State National Assembly Election Petitions Tribunal, which returned him after nullifying the election of Emmanuel Udende of the All Progressives Congress, APC.
According to the appellate court, the tribunal wrongly evaluated the evidence that was presented before it by the parties in the matter and thereby arrived at an erroneous conclusion that upheld the petition Suswam filed to challenge Udende’s election victory. The court therefore voided the judgement of the tribunal, saying it found merit in the appeal that was lodged before it by the APC candidate.
It will be recalled that the Independent National Electoral Commission, INEC, had declared Udende winner of the senatorial election after he polled a total of 135,573 votes to defeat Senator Suswam who garnered 112,231 votes.
Not satisfied with the outcome of the election, Suswam approached the tribunal on the ground that it was marred by over-voting, irregularities, alterations and falsification of results.
In its judgement, the tribunal held that Suswam successfully established his case that irregularities took place in five out of seven LGAs in the Senatorial District.
The tribunal cancelled 51,895 votes entered for Senator Udende and also cancelled 21,229 votes entered for Senator Suswam.
After subtracting the padded votes, Senator Suswam was left with 90,590 while Senator Udende scored 82,699 votes.
