The Court of Appeal, Makurdi Division, has dismissed the appeal filed by the Benue state Peoples Democratic Party, PDP, governorship candidate in the last elections, Terhemen Tarzoor, challenging the judgement of the Justice Elizabeth Karatu led governorship Elections Petition Tribunal in Makurdi.
The Justice Karatu led panel had about two months ago dismissed Tarzoor’s petition for want of merit.
At its ruling Wednesday, the five man panel of jurists led by Justice Mohammed Garuba upheld the decision of the trial court, insisting that the appellant failed to prove before trial court that Samuel Ortom was not properly nominated by his party.
Justice Garuba held that, “on the issue of burden of proof, the tribunal did not err in law, it is the position of the law that the onus of proof lies with the petitioner who approaches the court.
“The tribunal was therefore right because where the petitioner fails to discharge that burden it is deemed that he has failed in that responsibility since it is he who alleges that must prove his case.”
Justices Garuba also disagreed with the appellant on the purported reliance of the tribunal on a supposed obsolete Section 140(2) of the Electoral Act 2010 as amended to arrive at its judgement.
He said, “on whether it was proper by the Tribunal to rely on Section 140(2) of the Electoral Act 2010 as amended, to arrive at its judgement, we have gone through that judgement, there was no mention of that section in the discuss of that suit.
“It is our position therefore that the appeal is bereft of merit, the grounds of appeal failed and the appeal is dismissed.”
Reacting Governor Samuel Ortom who said the decision was a confirmation of the popular support he enjoys from the people urged the PDP candidate and his supporters to join hands with him to develop the state.
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