Benue Gov Poll: Appeal Court dismisses Uba’s appeal against Alia, deputy

The Court of Appeal in Abuja has dismissed an appeal filed by Titus Uba, the People’s Democratic Party (PDP) governorship candidate, challenging the election of Hyacinth Alia as governor of Benue State.
In a unanimous decision, the court resolved all three issues prepared for determination against Uba and the PDP for varied reasons.

Justice Onyekachi Otisi, who delivered the lead ruling, dismissed Uba’s claims of non-qualification against deputy governor Samuel Ode.

He ruled that the PDP candidate had failed to show beyond a reasonable doubt Ode’s fabrication of INEC form EC9.

The Appellate Court stated, among other things, that the problems of non-qualification are pre-election matters that can only be addressed at a Federal High Court and not at the Governorship Election Petition Tribunal, as Uba did.
Justice Otisi also stated that a claim to challenge non-qualification can only be filed within 14 days of the occurrence of the subject matter.

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The Court also addressed Uba’s allegations that the name of the Governor, Hyacinth Alia, was not submitted by the All Progressives Congress to the Independent National Electoral Commission INEC within 180 days of the March 18 election.

The Appellate Court ruled that the charges might stand because the primary election that produced Alia was mandated by a High Court and completed within the time frame specified by the court.
Justice Otisi ruled that Uba’s appeal against the Benue State Election Petition Tribunal’s September 23 decision lacked merit and was dismissed.

The Court later affirmed the tribunal’s decision and denied the PDP governorship candidate’s request to vacate it.

The news came roughly eight months after the Independent National Electoral Commission (INEC) pronounced Alia the winner of the governorship election in the North-Central state.

The Catholic priest received 473,933 votes more than his nearest competitor, Uba, who received 223,913 votes.