The Court of Appeal Jos division has granted the request by the President of the senate, David Mark, to file applications against four interlocutory rulings of the election petition tribunal, which nullified the results of two out of the nine local government areas of Benue South senatorial district.

Also the court granted his application to file additional grounds in his appeal against the judgment of the lower tribunal.

The tribunal had nullified the results of the National Assembly elections in the Okpokwu and Agatu local government areas following a petition filed by the All Nigeria Peoples Party candidate in the same election, Alhaji Usman Abubakar.

In reaction,  that David Mark had on June 6 filed an application before the appellate court asking for its leave to appeal against four interlocutory rulings of the tribunal given on July 20, August 21, and September 26, 2007 and February 8, 2008.

 Mark appealed against the ruling of the tribunal given on September 26, 2007, which admitted in evidence the ballot papers used in the National Assembly elections on April 22, 2007, he also appealed against that of August 21, which admitted the voters’ register used in the same election and the ruling of July 20, which granted the tribunal the jurisdiction to entertain the petition

 The Senate President had also sought the leave of the court to file 13 additional grounds of appeal in his original suit where he is challenging the judgment of the lower tribunal.

 He also asked  for extension of time within which to file his amended appeal and brief of arguments.

While granting Mark’s application, which was argued by his counsel, Mr. Damian Dodo, the presiding Judge, Justice Zainab Bulkachuwa, dismissed the objection of  Alhaji Usman Abubakar that it was an abuse of the court process.

 The judge said that there were merits in Mark’s application, stressing that the cause of justice, which the court is championing, would not be served if the senate president was not give all the chances to prove his case against the respondent.

 She granted the application by Mark, to extend the time of his appeal; granted him leave to amend his notices and grounds of appeal by adding additional 13 grounds of appeal; granted him leave to file the amended notice of appeal consisting of the original and the amended notice of appeal and also to amend his brief of arguments.

 She however, also dismissed the interlocutory ruling of the tribunal granting itself the jurisdiction to entertain the petition against the senate president.

 Justice Bulkachuwa gave the senate president three days to file his amended notice and two days to file his reply to the respondent’s brief. Wole Olanipekun SAN, who appeared for the respondent was given two days to reply to the appellant’s amended briefs. She fixed June 25 for definite hearing of the substantive suit.