The Supreme Court has upheld the election of Governor Hyacinth Alia of Benue State.
Delivering its verdict on Monday, the five-man panel of Justices of the Supreme court led by Justice Inyang Okoro dismissed the appeal filed by the opposition Peoples Democratic Party (PDP), and its candidate, Titus Uba, to contest the March 18, 2023 election victory of Governor Alia.
The decision by the apex court was reached after counsel to the Appellants, Mr. Sebastian Hon, SAN, pulled out from the case.
Earlier, the appellate court had in a unanimous decision by a three-member panel of Justice, dismissed as lacking Uba’s appeal as packing in merit.
In its lead judgement that was delivered by Justice Onyekachi Aja Otisi, the court held: “This court found no reason to set-aside the verdict of the Benue State Governorship Election Petition Tribunal.”
It held further that some of the grounds the PDP and its candidate raised in the appeal, not only bordered on pre-election issues, but also had elements of crime.
According to the appellate court, the appellants had raised the issue of forgery against the Deputy Governor of the state, Mr. Samuel Ode.
It held that since the allegation that Ode submitted forged documents to the Independent National Electoral Commission (INEC) in aid of his qualification to contest the election, was criminal in nature, it ought to have been proved beyond reasonable doubt.
More so, the appellate court stressed that the issue of non-qualification of a candidate, being a pre-election matter, could only be ventilated at the Federal High Court and not before the election tribunal as was done by the Appellants.
It held that since the 14 days period that the 1999 Constitution, as amended, allowed for eligibility of a candidate in an election to be challenged, had elapsed, the issue had become statute barred.
Similarly, the court dismissed the Appellants’ contention that the APC failed to submit the name of governor Alia to INEC, at least 180 days before the gubernatorial election was held.
It held that the argument was worthless in view of the fact that the primary election that produced Alia as the flag-bearer of the APC in the governorship election was ordered by a High Court and conducted within the period the court stipulated.
In its final analysis, the appellate court held that the Appellants failed to discharge the burden of proof that was placed on them by the law.
It, therefore, resolved all the issues that were raised in the appeal, against the Appellants.
