The Makurdi division of the Court of Appeal on Saturday, ordered a re-run of the poll within 90 days.
The All Progressives Congress (APC) senatorial candidate for Benue South, Mr Donald Onjeh had challenged the decision of the National and State Assembly Election Petitions Tribunal, which upheld the victory of Senator Mark of the Peoples Democratic Party (PDP).
Mr Onjeh’s lawyer, Adetunji Oso, also urged the Appellate Court to allow his appeal and set aside the decision of the Tribunal.
He said the court erred when it held that the papers tendered by his client were mere documentary hearsay.
The documents, according to Mr Oso, demonstrated that while the collation of results for the Benue South senatorial district’s election on March 28 was still ongoing in seven of the nine local government areas, the Independent National Electoral Commission (INEC), declared Senator Mark winner of the poll.