The Court of Appeal in Abuja, on Wednesday, validated the re-election of Senator Patrick Abba Moro of the Peoples Democratic Party, PDP.
The appellate court, in a unanimous decision by a three-member panel of Justices, said it was satisfied that Moro was the valid winner of the senatorial election that held in Benue South on February 25.
It held that the All Progressives Congress, APC, and its candidate in the election, Comrade Daniel Onjeh, did not establish their allegation that Senator Moro was not duly elected by a majority of lawful votes cast.
In the lead judgement that was delivered by Justice Onyekachi Aja Otisi, the appellate court further dismissed Onjeh’s allegation that Senator Moro tendered a forged birth certificate to the Independent National Electoral Commission, INEC, in aid of his qualification to contest the senatorial poll.
The court held that Onjeh did not adduce any evidence to support his allegation of forgery against Senator Moro.
“The allegation was a mere speculation. There was no forged document for the 1st Respondent to defend. No document, either original or photocopy was produced to prove the alleged forgery.
“There is nothing before this court to show that the 1st Respondent forged anything and tendered the same to the INEC in aid of his qualification.
“The Appellant failed to prove his case. This appeal fails and it is hereby dismissed. The judgement of the Legislative Election Petitions Tribunal delivered on the 10th of September, 2023, is hereby allowed. I make no order as to cost,” Justice Otisi held.
Other members of the panel that concurred with the lead judgement, were Justice Abimbola Osarugue Obaseki Adejumo and Justice Abubakar Muazu Lamido.
