The decision was made by a three-member panel led by Justice Abimbola Adejumo, concluding that Suswam was not the rightful winner of the senatorial election held in Benue North-East on February 25, 2023.
The court criticised the judgment of the Benue State National Assembly Election Petitions Tribunal, which had initially reinstated Suswam in the Senate after nullifying Emmanuel Udende's election victory.
According to the appellate court, the tribunal erred in its evaluation of the evidence presented, leading to a flawed conclusion that favored Suswam's petition against Udende’s election.
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The Court of Appeal, after careful consideration, voided the tribunal's judgment, acknowledging the merit in the appeal submitted by Udende.
The Independent National Electoral Commission (INEC) had declared Udende the winner of the senatorial election, as he garnered 135,573 votes, surpassing Senator Suswam, who received 112,231 votes.
Suswam contested the election results, alleging over-voting, irregularities, alterations, and falsification of results. The tribunal supported Suswam's claim, stating that irregularities occurred in five out of seven local governments in the Senatorial District.
As a result, the tribunal nullified 51,895 votes counted for Senator Udende and 21,229 votes for Senator Suswam. Following the cancellation of padded votes, Suswam's tally reduced to 90,590, while Udende's stood at 82,699 votes.
The judgement in Suswam’s favor, which was initially delivered by the Justice Ori Zik-Ikeoha led panel, has been overturned by the Court of Appeal.
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