The Court of Appeal in Abuja has dismissed an appeal brought before it by the governorship candidate of the Peoples Democratic Party (PDP), Titus Uba, challenging the election of Catholic priest, Hyacinth Alia, as governor of Benue State.
 
The appellate court, in a unanimous judgment, resolved all the three issues formulated for determination against Uba and PDP for various reasons.
Justice Onyekachi Otisi, who delivered the lead judgment, dismissed the allegations of non-qualification made by Uba against the Deputy Governor, Samuel Ode.
 
Otisi held that the PDP gubernatorial candidate failed to establish forgery of Independent National Electoral Commission (INEC)’s Form EC9 by Ode beyond reasonable doubt as required by law.
 
Among others, the Court of Appeal said the issues of non-qualification were pre-election matters, which could only be challenged at a Federal High Court and not at the Governorship Election Petition Tribunal as done by Uba.
 
Even at that, the judge said a suit to challenge non-qualifications could 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 Governor Hyacinth Alia was not submitted by APC to INEC 180 days before the election of March 18.
 
According to court, 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. Justice Otisi held that Uba’s appeal against the judgment of Benue Election Petition Tribunal of September 23 lacked merit and was dismissed. The court subsequently upheld the judgment of the tribunal and rejected the plea of Uba to void and set it aside.