The Court of Appeal in Abuja has just dismissed an appeal filed by Titus Uba, the governorship candidate of the Peoples Democratic Party, PDP, against the election of Governor Hyacinth Alia of Benue State.
The appellate court in a unanimous judgment adjudged all the three issues formulated for determination against Uba and PDP.
Justice Onyekachi Aja Otisi, who delivered the main judgment had dismissed the claims of non-qualification levelled by Uba against the Deputy Governor, Samuel Ode.
Justice Otisi stated that the PDP gubernatorial candidate had failed to prove the forgery of INEC Form EC9 by Ode beyond reasonable doubt as mandated by law.
Among other issues, the Court of Appeal remarked that the issues of non-qualification was a pre-election matter which can only be disputed at a Federal High Court and not at the Governorship Election Petition Tribunal as done by Uba.
Additionally, Justice Otisi stated that a lawsuit to challenge non-qualification can only be established within 14 days (2 weeks) of occurrence of the subject matter.
The court also tackled Uba’s allegation that the name of the governor, Hyacinth Alia, had not been submitted by the APC to the Independent National Electoral Commission, INEC, within the obligatory 180 days before the election of March 18.
The court had held that the allegation was without basis as the primary election that produced Alia was directed by a high Court and was done within the period ordered by the court.
In the final analysis, Justice Otisi held that Uba’s appeal against the judgment of Benue State Election Petition Tribunal delivered on September 23, 2023 lacked substance.
The court thereafter, upheld the judgment of the tribunal, endorsing Alia’s election as the Benue State governor.
