The Abuja division of the Court of Appeal has dismissed an appeal by the Governorship candidate of the People’s Democratic Party PDP Titus Uba challenging the election of Hyacinth Alia as the elected Governor of Benue State.
Justice Onyekachi Aja Otisi while delivering the lead judgment, dismissed the allegations of non- qualifications made by Uba against the Deputy Governor, Samuel Ode.
The court held that the PDP gubernatorial candidate failed to establish forgery of INEC form EC9 by Ode beyond reasonable doubt as required by law and that the issues of non qualifications are pre-election matters which can only be challenged at a Federal High Court and not at the Governorship Election Petition Tribunal as done by Uba.
The Court while also dealing with the allegations that the name of the Governor, Hyacinth Alia was not submitted by the All Progressives Congress APC to the Independent National Electoral Commission INEC within 180 days before the election of March 18, held that the allegations cannot survive because the primary election that produce Alia was ordered by a High Court and was done within the period ordered by the court.
The Court subsequently upheld the judgment of the Tribunal.
According to the result declared by the INEC after the election in March, Alia won by 473,933 votes ahead of his closest rival Uba, who scored 223,913.
Dissatisfied with the outcome of the election Titus Uba, filed a petition challenging Alia’s victory at the tribunal which was dismissed for lacking in merit, a decision upheld by the appellate court
Editor Paul Akhagbemhe
