Defying threats and intimidation, the Benue State Election Tribunal in Makurdi on Saturday nullified the “election” of Senate President David Bonaventure Mark. The All Nigeria Peoples Party (ANPP) candidate, Alhaji Usman Abubakar had taken Mark to the tribunal challenging the Senator’s victory in two of the nine local governments that make up the Senatorial District.

In an extensive 150-page judgment, the tribunal led by Justice C.I Uriri ordered that fresh elections be held in Agatu and Okpokwu Local Government Areas within 60 days. Justice Oriri declared that the results for the two local government areas, which were earlier cancelled by the Returning Officer, had disenfranchised 139, 466 voters from electing their representative. The tribunal said the results from seven other local government areas were not enough to produce a representative. The tribunal upheld the results of the seven other local governments with Usman Abubakar of the ANPP scoring 172,636 against the 98,029 votes scored by David Mark of the PDP.

The results from the two local government areas where elections would be conducted should be added to the results of the seven to determine the winner, the tribunal ordered.

Mark becomes the latest, and the last, of the three Peoples Democratic Party (PDP) senators from the state to have his election overturned at the tribunal. The tribunal had earlier invalidated the elections of Senators George Akume and Joseph Akhagerger, all from Benue State.

Mark’s loss of his seat came in spite of last-minute manoeuvres that involved the use of police officers to intimidate his opponent, Mr. Usman Abubakar, popularly known as "Young Alhaji". Mark's opponent was declared wanted and detained for several hours less than 24-hours before the ruling. He had rejected many entreaties to accept bribery or some other political appointment order to withdraw his petition.

The decision to overturn Mark’s election to many is seen as a sign that the Nigerian judiciary is increasingly willing to exert an unusual degree of independence, but the case is creating further political uncertainty because under the constitution, he would take over temporarily as president of Nigeria should Mr Yar'Adua and the vice-president told to step down.

With the verdict, Mark has a great opportunity to test his acceptance in the two local government areas. Though the show now moves to the Court of Appeal in Jos where Mark will hope to get this ruling overturned, there are two possibilities. If he wins, he retains the seat of Senator and may be Senate President if not shown the way out soon, but there is the question of what happens if the court upholds the ruling of the tribunal. Will the Court of Appeal throw up some jostling for Mark’s seat?