.. PDP, Mzondu says Tarkighir not eligible to contest
By David Mzer
The All Progressives Congress, APC, has approached the Court of Appeal, Makurdi Division, to appeal the ruling of the National and State Assembly Election Petition Tribunal sitting in Makurdi, in petition No:EPT /BN /HR/4/2023,delivered on Thursday, June 15th, 2023.
In the Notice of Appeal served on Hon. Benjamin Mzondu of the Peoples Democratic Party, PDP, the APC are seeking amongst other reliefs, an order reopening their defence in the petition instituted by Benjamin Mzondu and the PDP at the National and State Assembly Election Petitions Tribunal.
In the petition, the PDP and it’s candidate for Guma/Makurdi Federal Constituency in the 2023 elections, Hon.Benjamin Mzondu are challenging the declaration of Dickson Tarkighir of the APC as the winner of the election on the ground that Tarkighir was at the time of the election, not qualified to contest the election.
On June 15th, 2023, the APC through its counsel Innocent Daa’gba sought for an adjournment to enable the party call its sole witness after the witness who was suppose to be in court on the aforementioned date failed to turn up in court.
Counsel to the PDP and Mzondu, Kenneth Ikonne objected to the application for adjournment on the ground that after the adjournment of June 14th, 2023, at the instance of counsel to Dickson Tarkighir, it was agreed that the respondents will call their witnesses the next day.
After listening to the arguments by parties in the matter, the three-member panel led by Justice Amina Aliyu agreed with Ikonne’s submission and refused to grant the application for adjournment.
Justice Amina Aliyu pointed out that counsel to the APC did not advanced reasons why the witness was not in court.
This development led to the APC opening and closing its case without calling a witness.
Earlier, attempt by the member representing Makurdi/Guma Federal Constituency, Dickson Tarkighir to tender his APC Nomination form was rejected by the tribunal as a result of the objection by Kenneth Ikonne on the grounds that it was a photocopy and also not a certified document.
Under cross examination from the petitioners counsel, Tarkighir told the tribunal that he previously bore the names Adaga Dominic Dickson as well as Adaga Dominic Tarkighir.
When asked on how he was able to obtain a B.Sc certificate and a MBA in the same year, he told the tribunal that it was his party that field the form and not him.
Ikonne thereafter showed Tarkighir a copy of his INEC form EC-9 where he certified under oath that all the information contained in his form EC-9 are true.
In the petition, the PDP and Mzondu allege that, Tarkighir presented a forged certificate to the Independent National Electoral Commission,INEC, in his form EC9(Affidavit in support of Personal particulars) wherein he certified under oath in paragraph “C” that he secured both a B.Sc and MBA degrees in 2004, whereas he secured no MBA degree in 2004, amongst other averment.
The petitioners allege that, contrary to information supplied by the House of Representatives member in the Affidavit in Support of Personal particulars(Form EC-9) which he submitted to INEC, and certified on oath,the member representing Guma/Makurdi Federal Constituency does not possess any of academic
credentials claimed by him.
The PDP and Mzondu also aver that, contrary to the express requirement and stipulation in paragraph C of the aforesaid Form EC9, Hon.Tarkighir withheld/concealed the identities of the schools from which he obtained the said educational qualifications, there by making the task of verification of both the schools and the claimed qualifications impossible.
In the petition, the petitioners are seeking a declaration that Tarkighir at the time of the election, was not qualified to contest the said election.
They are seeking an order voiding the declaration and return of the Tarkighir as the winner of the election to the House of Representatives for the Guma/Makurdi Federal Constituency of
Benue State.
They are also seeking an order declaring and returning Benjamin Mzondu as the winner of the election to the House of Representatives for the Guma/Makurdi Federal Constituency of Benue State, amongst others.
The tribunal has fixed July 11,2023, for parties in the petition to adopt their final written address.
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