The Court of Appeal in Abuja, has dismissed an appeal brought before it 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.
A three man panel of justices of the appellate court in a unanimous judgment on 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 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 of Appeal said 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.
Even at that, Justice Otisi said that a suit to challenge non qualifications can only be instituted within 14 days of occurrence of the subject matter.
The Court also dealt with the allegations by Uba that the name of the Governor, Hyacinth Alia was not not submitted by the All Progressives Congress APC to the Independent National Electoral Commission INEC within 180 days before the election of March 18.
The Court held that the allegations can survive because the primary election that produce 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 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.