Election Petition: David Mark Wins At Appeal Court

[emezico]

COURT of Appeal sitting in Makurdi, Benue State, on Friday, struck out the appeal filed by the Action Congress of Nigeria senatorial candidate, representing Benue South Senatorial District, Major General Lawrence Onoja, against the senate president, Senator David Mark.

Onoja, who lost at the tribunal over two months ago, proceeded to the appeal court to challenge the decision of the lower court.

A consolidated ruling, read by Justice Ahmed Samiya, said that the court agreed with the application of the respondent which  submitted that the appeal arising from the tribunal should be decided within 60 days.

Justice Samiya said that since the appeal, which was filed on 27 September, 2011, is more than 60 days on December 2, 2011, he acceded to the application's respondent counsel, Mr Kenneth Ikonne, and therefore granted the application.

Counsel for the appellant, Mr S.O Idikuo did not object to the application, hence, the decision of the court to dismiss the appeal.

Speaking after the ruling, Ikonne, who applauded the decision of the appeal court, said that the case had suffered series of adjournment, orchestrated by the appellant's counsel who had wanted to commence hearing on Friday.

The appellant's counsel, however, declined comment.

Tribune