The court has affirmed the victory of Benue Senator, David Mark as he floors his All Progressives Congress counterpart.
David Mark and Daniel Onjeh
People's Democratic Party chieftain, David Mark has emerged victorious in the recent challenge of his mandate by Daniel Onjeh, a former student union leader.
The Court of Appeal sitting in Makurdi in Benue state today, 22nd of July, 2016 upheld the victory of the former Senate President as earlier pronounced by the lower National Assembly Election Petition Tribunal.
Justice Oyebisi Omoleye who led the three-man panel struck out the case brought before it by the All Progressives Congress (APC)'s candidate, Daniel Onjeh for lacking merit.
The panel held that the appellant (Onjeh) filed his petition out of time as required by the Electoral Law, therefore, rendering the petition incompetent and so, "the appeal is dismissed."
According to Omoleye, the appellant petition was filed on the 22nd day of declaration of the election result by the Independent National Electoral Commission (INEC) which affirmed Mark of the Peoples Democratic Party (PDP) as senator representing Benue South senatorial district.
Daily Trust reports that the rerun election between Mark and Onjeh held on February 20, this year and results were declared by INEC the following day, February 21 but Onjeh had filed his petition on March 13, one day later than the required 21-day as stipulated by law.