The Appeal Court sitting in Makurdi, the Benue State Capital, today affirmed the decision of the Election tribunal as it dismissed the petition of All Progressives Party Senatorial candidate for the Benue South senatorial rerun election, Daniel Onjeh and upheld the election of Senator David Mark.
Justice (Mrs) Oyebisi Omoleye who led a panel of two other judges, delivering judgement, said the petition was incompetent and devoid of merit. She therefore struck out the petition on the ground that it was filed out of time.
Justice Omoleye said that election petition must be filed within 21 days from the day the election result was declared
She said that the appellant filed his petition on the 22nd day after the declaration of the election result and therefore invalid.