The Court of Appeal sitting in Abuja, has dismissed an appeal filed by the governorship candidate of the Peoples Democratic Party (PDP), Titus Uba against the election of Governor Hyacinth Alia, as the elected governor of Benue State.
The court, in a unanimous judgment yesterday resolved all the three issues raised for determination against Uba and PDP.
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 Independent National Electoral Commission (INEC), form EC9 by Ode beyond reasonable doubt as required by law.
Among others, the Court of Appeal said 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 Petitions Tribunal as done by Uba.
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 submitted by the All Progressives Congress (APC), to the Independent National Electoral Commission within 180 days before the election of March 18.
The court held that the allegations can 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 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.
