By Peter Duru, Makurdi

The National Assembly Election Petitions Tribunal sitting in Makurdi has upheld the election of Chief Philip Agbese of the All Progressives Congress, APC, as member representing Ado/Ogbadibo/Okpokwu Federal Constituency of Benue State in the National Assembly.

Aida Ogwuche of the Peoples Democratic Party, PDP, had challenged the return of Agbese on the grounds of non-compliance with the provisions of the Electoral Act, 2022.

She alleged that she was unlawfully excluded from the election by the Independent National Electoral Commission, INEC, which failed to comply with the judgement of the Supreme Court that confirmed her as the PDP candidate and not Francis Agbo.

Ruling on the matter Saturday in a unanimous judgment, Justice Emeka Ezedi dismissed the petition for being grossly incompetent.

He held that “unlawful exclusion is not a ground for questioning the outcome of an election under the extant Electoral Act.”

Justice Emeka stated that the case of the petitioners was purely a pre-election matter and the tribunal lacked the powers to investigate matters that occurred before the conduct of an election.

The tribunal further held that “to complain of non-compliance and also complain of unlawful exclusion is tantamount to approbating and reprobating.”

According to the tribunal “a candidate who didn’t participate in an election cannot complain of non-compliance in the election.”

The panel accordingly dismissed the petition and awarded a cost of N400,000 against the petitioner which should be paid to each of the respondents.