SENATOR DAVID A.B. MARK V. ALH. USMAN D.M. ABUBAKAR INDEPENDENT NATIONAL ELECTORAL COMMISSION AND 141 ORS.

BULKACHUWA JCA (Delivering the Lead Judgment): The election into the Senate of the Federal Republic of Nigeria was held nationwide on 21 April 2007, including Benue State where in the South Senatorial District , the election was contested by the following candidates amongst others:

Usman D.M. Abubakar - A.N.P.P.

Senator David A.B. Mark - P.D.P.

Dr. (Mrs.) Enyantu Henne - A.C.

Mr. Elias Adikwu - P.P.A.

The said Senatorial District consists of nine Local Governments Areas namely:

1. Ado

2. Apa

3. Otukpo

4. Obi

5. Ohimini

6. Oju

7. Ogbadibo

8. Agatu

9. Okpokwu

At the end of the election, Senator David Mark of the P.D.P. (the appellant herein) was returned and declared as the winner of the election by the Independent National Electoral Commission (I.N.E.C.) the body charged with the responsibility of conducting the election. The 1st respondent Usman Abubakar of the A.N.P.P. being aggrieved with the results as declared by I.N.E.C., as petitioner filed a petition before the National Assembly/Governorsh…