By Peter Duru

MAKURDI—Benue State Legislative Houses Elections Petition Tribunal sitting in Makurdi has adjourned indefinitely and reserved judgement in the case between Senator David Mark of the Peoples Democratic Party, PDP, and the defeated All Progressives Congress, APC, candidate, Daniel Onjeh, in the  March 28, 2015, senatorial elections.

Former Senate President David Mark

At the resumption of sitting of the Tribunal presided over by Justice Mosunmola Dipeolu, yesterday, counsels to the parties adopted their final written addresses and also filed and moved preliminary objections where necessary.

The immediate past Senate President, Senator David Mark, through his counsel, Mr. Ken Ikonne, asked the Tribunal to dismiss the petition on the ground that it was based on hearsay and also characterized by contradictions in the evidences tendered by the petitioner.

He said: “The petitioner failed to show that the election was not properly conducted, most of the allegations complained of in the petition were criminal in nature and the petitioner failed to prove those allegations.

“The petitioner merely dumped some documents on the tribunal without demonstrating them in the open court where the burden of proof squarely rests on him as in this case. It is trite in law that he who alleges must prove.”

Counsels to Peoples Democratic Party, PDP, Mr. Chris Alechenu, and that Independent Nationals Electoral Commission, INEC, Dr. Garba Tetingi, aligned themselves with Ikonne’s submission.

On his part, counsel to the APC candidate, Adetunji Osho, urged the tribunal to annul the election of the immediate past Senate President and order for fresh poll in Benue South senatorial district, arguing that the petitioner proved his case beyond all reasonable doubt as required by law.

“We are contending that the election in seven of the nine local government areas that make up the district did not comply substantially with the provision of 2010 Electoral Act as amended, and, therefore, should be annulled,” Osho said.