The appeal that Titus Uba and the Peoples Democratic Party (PDP) filed, seeking an order to set aside the decision of the Appeal Court and the Benue State Governorship Election Petition Tribunal tribunal upholding the election victory of All Progressives Congress Governor Hyacinth Alia, was dismissed by the Supreme Court.
In a unanimous ruling, the top court determined that the PDP had no right to bring the case before them.
Uba and the PDP went before the tribunal, arguing that Alia was ineligible to run for governor at the time of the election, following the Independent National Electoral Commission’s (INEC) announcement of Alia as the winner of the governorship contest.
They claimed that in violation of Section 182(1)(j) of the Federal Republic of Nigeria, 1999 (as amended), his deputy, Samuel Ode, presented INEC with a falsified certificate.
They further stated that the governor’s name was sent to INEC after the time frame outlined in the constitution had elapsed.
However, because the petition was filed after the statute of limitations and was a pre-election matter, the three-member panel of the tribunal, led by Justice Ibrahim Karaye, dismissed it.
Consequently, Uba and the APC filed appeals and cross-appeals in the case.
On November 20, 2023, a three-judge Appeal Court panel headed by Justice Onyekachi Aja Otisi rendered a decision, declining to consider the petition, finding nothing wrong with the tribunal’s ruling.
According to the appeal court, the APC’s nomination and sponsorship of the governor and his deputy complied with pertinent legal requirements and a high court’s directives.
The court ruled that nomination-related matters are pre-election matters and are outside the purview of the Tribunal.
The claim that the deputy governor had falsified a certificate, according to the court, was a pre-election issue that should have been brought up before the Federal High Court.
The five-member panel of the supreme court was informed by the PDP and its candidate’s attorney, S.T. Hon., Senior Advocate of Nigeria, that the deputy governors’ names had not been timely submitted to INEC.
He argued vehemently that his case was not an election-related issue,
Hon. argued on Monday that the All Progressives Congress candidate lacked proper sponsorship.
“A senior counsel should not handle this kind of case in court. Judge Inyang Okoro responded to the attorney.
In public, Judge Emmanuel Agim informed the attorney that the case was now post-election since INEC had already submitted the governors’ names.
“Just withdraw this appeal if you are a friend of this court. On this, we are all in agreement. Judge Okoro counseled the attorney to “just withdraw this matter.”
With a “My Lord, I apply to withdraw the appeal,” Hon.
Justice Okoro declared, “This appeal is hereby dismissed, having been withdrawn.”
Alia told the media following the court’s adjournment that the favorable ruling would “ginger us some more to do great things for the state.”
