Makurdi – The Court of Appeal in Abuja has confirmed Hyacinth Alia as the legitimate governor of Benue state.
Alia emerged as the winner of the governorship election held in March, receiving a total of 473,933 votes as declared by the Independent National Electoral Commission (INEC).
Despite this, Titus Uba, the candidate of the Peoples Democratic Party (PDP) in Benue, filed a petition disputing Alia’s victory.
Justice Onyekachi Aja Otisi, who delivered the main judgment, rejected Uba’s claim that the Deputy Governor, Samuel Ode, was not qualified
Justice Otisi stated that the PDP candidate for governor failed to prove that Ode had forged the INEC Form EC9 beyond a reasonable doubt, as required by law.
The Court of Appeal also stated that the issue of non-qualification is a matter that can only be challenged in a Federal High Court before the election, not at the Governorship Election Petition Tribunal as Uba had done.
Justice Otisi also stated that a lawsuit to contest a lack of qualification can only be filed within 14 days of the incident.
The court also addressed Uba’s claim that the APC did not submit the name of Governor Hyacinth Alia to INEC within 180 days prior to the March 18 election.
The court ruled that this allegation was invalid because the primary election that selected Alia was authorized by a high court and conducted within the required timeframe.
Justice Otisi concluded that Uba’s appeal against the judgment of the Benue State Election Petition Tribunal, which was delivered on September 23, was without merit.
