BREAKING: Supreme Court Dismisses PDP’s Case Against Benue Gov Alia’s Election

The Peoples Democratic Party (PDP) and Titus Uba filed an appeal with the Supreme Court, requesting an order to vacate the rulings of the Appeal Court and the Benue State Governorship Election Petition Tribunal, which had upheld the election victory of All Progressives Congress governor Hyacinth Alia. The appeal was denied.

The Supreme Court ruled unanimously that the PDP had no right to bring the case before them.

Uba and the PDP approached the tribunal after Alia was proclaimed the victor of the governorship contest by the Independent National Electoral Commission (INEC), arguing that the governor was ineligible to run for office at the time of the election.

They claimed that in violation of Federal Republic of Nigeria, 1999 (as amended) Section 182(1)(j), his deputy, Samuel Ode, presented a falsified certificate to INEC.

Additionally, they asserted that the governor’s name was sent to INEC after the deadline set by the constitution had passed.

However, the petition was denied by the three-member tribunal presided over by Justice Ibrahim Karaye due to the fact that it was a pre-election matter and had passed the statute of limitations.

Uba and the APC then filed appeals and cross-appeals in the case as a result.

On November 20, 2023, a three-person Appeal Court panel headed by Justice Onyekachi Aja Otisi rendered a decision, declining jurisdiction over the petition and declaring that the tribunal’s decision was correct.

The appeal court ruled that the APC’s nomination and sponsorship of the governor and his deputy had complied with all applicable laws and high court orders.
“Nomination issues are a pre-election matter and are outside the purview of the Tribunal,” the court ruled.

The Federal High Court should have been consulted regarding the pre-election allegation that the deputy governor had falsified a certificate, the court ruled.

The deputy governors’ names were not submitted to INEC in a timely manner, the PDP and its candidate’s attorney, S.T. Hon., Senior Advocate of Nigeria, complained to the five-member panel of the supreme court.
He argued vehemently that his case had nothing to do with the election beforehand.

On Monday, Hon. argued, “The All Progressives Congress candidate was not duly sponsored.”

“As senior counsel, this is not the type of case that belongs in court. To the attorney, Justice Inyang Okoro responded.

In open court, Justice Emmanuel Agim informed the attorney that the case was now post-election since INEC had submitted the governors’ names prior to the election.

“You will simply withdraw this appeal if you are friendly with this court. We are in agreement on this point. Just put this matter to rest,” Justice Okoro counseled the attorney.

Hon. said, “My lord, I apply to withdraw the appeal.”

Justice Okoro declared, “This appeal, having been withdrawn, is hereby dismissed.”

Following the court’s adjournment, Alia informed the media that the favorable ruling would “inspire us further to accomplish remarkable feats for the state.”