Appeal Court upholds Taraba reps member Useni’s election
The Court of Appeal sitting in Abuja FCT on Saturday, December 23, dismissed the appeal by Rimamde Shawulu of the New Nigeria People’s Party (NNPP) challenging the election of Hon. Mark Useni of the All Progressives Congress (APC.
The court said Shawulu’s appeal lacked merit.
Mark Useni, the member representing Takum/Ussa/Donga Federal Constituency at the National Assembly, described his victory at the Court of Appeal as one that would “spur” him to do more for his constituency and the country.
The National Assembly Election Petitions Tribunal sitting in Jalingo, had in October affirmed the election of Useni, after Istifanus Gbana of the PDP and Rimam Shawulu of the NNPP challenged his victory.
The petitioners had approached the tribunal on grounds of non-compliance to the electoral act in the constituency rerun election.
Both parties sought for the nullification of the election over non-compliance with the electoral law by the Independent National Electoral Commission (INEC).
They also said Useni did not acquire the lawful number of votes to be declared as the winner of the election.
The former Speaker of the Taraba State House of Assembly, who was exhilarated after watching the judgement virtually in his Jalingo home, admitted that he had to endure the distraction brought to him as a result of the legal tussle.
Useni disclosed: “You will recall that I had been in court right from the primary election beginning from the Federal High Court to the Court of Appeal and it ended at the Supreme Court and I got judgement at the Supreme Court just 28 days to the election. Then I went to the election.
“Soon after the election, there was a supplementary election which I won again. And at the tribunal three cases were filed against my election. The tribunal affirmed my case. One of the candidates, Rimam Shawulu filed a case against me at the appeal court and today the court affirmed my election.
“One other thing the court of appeal established today was that supplementary election cannot be held twice. That was one of the issues that Shawulu canvassed for. So the court said clearly that the supplementary election comes only once.
“It is remedial election. It is not an entirely new process. The court therefore dismissed his appeal and agreed with my lawyers on the two grounds of preliminary objections that were filed.
“I am very happy that the judiciary has once again proven to be the last hope of the common Nigerian. And to me I have been spurred to do more. I am six months in the House of Representatives and so far by the grace of God I have been doing my job very well despite the distraction that has been caused by this legal process.”
