Benue Governor Alia survives sacking, as Appeal Court dismisses PDP’s case
Court of Appeal sitting in Abuja, Monday, upheld the judgement of the Benue State Governorship Election tribunal which had affirmed the election of Governor Hyacinth Alia of the All Progressives Congress (APC) in the March 18, 2023 poll.
The appellant court in reaffirming Reverend Father Alia as duly elected also dismissed the appeal filed by the governorship candidate of the Peoples Democratic Party (PDP), Titus Uba challenging Alia as declared by the Independent National Electoral Commission (INEC).
The Court in a unanimous judgment delivered, Monday, resolved all the three issues formulated for determination against Uba and PDP for various reasons.
Justice Onyekachi Aja Otisi who delivered the lead judgment of the three-member panel of Justices of the appellate court, dismissed the allegations of non-qualifications made by Uba against the Deputy Governor, Samuel Ode.
Justice Otisi held that the PDP gubernatorial candidate failed to establish forgery of INEC form EC9 by Ode beyond reasonable doubt as required by law.
Among others, the Court held that 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.
Even at that, Justice Otisi said, a suit to challenge non-qualifications can only be instituted within 14 days of the occurrence of the subject matter.
The Court also dealt with the allegations by Uba that the name of the Governor, Hyacinth Alia was not submitted by the All Progressives Congress (APC) to INEC within 180 days before the March 18 Governorship election in the state.
The Court held that the allegations could survive because the primary election that produced Alia was ordered by a High Court and was done within the period ordered by the court.
In the final analysis, Justice Otisi held that the appeal of Uba against the judgment of the Benue State Election Petition Tribunal delivered on September 23 lacked merit and was dismissed.
The Court subsequently upheld the judgment of the Tribunal and rejected the plea of Uba to void it and set it aside.
The hail of Appeal court sackings so far has seen the invalidation of election of three state governors in the country elected during the March 18 governorship election in the country.
Only, last Sunday, the court in Abuja ordered the removal of the Plateau State Governor, Caleb Mutfwang of the PDP, while week it sacked the Kano Governor, Abba Kabir of the New Nigerian Peoples Party (NNPP), in addition to voiding the election of Governor Dauda Lawal of the PDP.
In all the sackings by the Appeal Court, the APC has been the beneficiaries in all the rulings.
However, the sitting governors are still open to approaching the Supreme Court to regain their mandates, as the only governorship election appeals can reach the apex court, along with the presidential election petitions.
