The Court of Appeal in Abuja has dismissed an appeal brought before it by the governorship candidate of the People’s Democratic Party (PDP), Titus Uba, challenging the election of Hyacinth Alia as the elected governor of Benue State.
In a unanimous judgment, the court resolved all 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 by UBA against the deputy governor, Samuel Ode.
He held that the PDP candidate failed to establish forgery of INEC Form EC9 by Ode beyond a reasonable doubt.
The Appellate Court, among other reasons, said the issues of non-qualification are pre-election matters that can only be challenged at a Federal High Court and not at the Governorship Election Petition Tribunal, as done by UBA.
Justice Otisi added that a suit to challenge non-qualification could only be instituted within 14 days of the occurrence of the subject matter.
