BY PETER DURU
MAKURDI—Court of Appeal sitting in Makurdi has annulled the election of Speaker of the Benue State House of Assembly, Mr. Terhemen Tarzoor, due to alleged irregularities and declared the Action Congress of Nigeria, ACN, candidate in the election, Mr Avine Agbom, as winner.

The court also ordered the Independent National Electoral Commission, INEC, to withdraw the  Certificate of Return issued to Tarzoor and give same to Agbom as the duly-elected member of the state House of Assembly for Makurdi North Constituency.

In its judgment, yesterday, Justice Uchechukwu Onyemanan, who presided over the court, upheld the judgment of the lower tribunal delivered on September 8, 2011, adding that the tribunal, lacked the jurisdiction to grant ex- parte motion to the former speaker and PDP.

Justice Onyemanan noted that the tribunal was right in rejecting the uncertified true copies of forms EC8a for Tse-Tsa polling unit as well as results from the unit and consequently dismissed the three consolidated appeals by Tarzoor for lack of ‘’merit and substance in all  ramifications.’’

Reacting to the judgment, counsel to Agbom, Mr Andrew Wombo, described it as ‘’wonderful,’’ saying it had  once again projected the Nigerian judiciary as the last resort for the oppressed.

In another development, the Appeal Court has ordered the retrial of the case between Mr. Asema Achado of ACN and Ms. Christiana Alaaga of PDP for Gwer/Gwer West Federal Constituency as well as the case between Titus Letta, ACN and Terhide Ayua of PDP for Gwer House of Assembly seat.

The court held that the tribunal erred in law in its separate judgments in the affected cases, hence the need for their retrial.