The All Progressives Congress candidate in the February 20 rerun in Benue South senatorial district election who lost to the former Senate President, David Mark, Comrade Daniel Onjeh, has threatened to appeal the Thursday morning Court judgement in Makurdi, Benue State where his case against the former Senate President was struck out.
It would be recalled that the case was struck out after the presiding judge ruled on the preliminary objection, stating that the petitioner, Onjeh filed his petition out of time and accordingly, it was thrown out with ignominy.
But Onjeh in a statement said the development was not new to him, expressing hope that the appeal court, like before, will give him justice.
He said, ”My petition had just been dismissed at the Tribunal sitting in Makurdi! The contention was Sec. 285(5) of the 1999 Constitution as amended, which provides that, “An election petition shall be filed within 21 days after the date of declaration of result of the election,”in spite of INEC’s ambush, they delayed giving me Certified True Copies (CTC) of the materials used for the election to enable my lawyers analyze for specific pleadings before filling my petition, we still filed on the last day, which was within time, as the law clearly excludes the date of declaration of result from the computation of time within which to file an election petition.
”Election result was declared on Feb 21, 2016, we counted from 22nd and filed on March 13, 2016, which falls within the 21 days required by law, but in its ruling today, on the motion filed by David Mark, seeking the dismissal of my petition, the tribunal included the date of declaration of the result in the computation of time, and held thus, that I filed one day late.
”The documents obtained from INEC shows clearly that I won the Feb, 20 rerun election, and this informs why David Mark fought tooth and nail to have my petition dismissed. It’s a familiar terrain for me; I lost at the tribunal in my 1st petition against Mark, but the Honourable justices at the Court of Appeal distinguished themselves and gave me justice. I’m very hopeful history will repeat its self again!
”I cannot be deterred by technicality. I will exhaust my last option; I’ am headed for Court of Appeal!
”Aluta Continua! Victoria Acerta!”
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