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, delivered by the lead judge, Justice Onyekachi Otisi who delivered the lead judgment dismissed the allegations of non-qualification made by Uba against the deputy governor Samuel Ode, stating that the PDP candidate failed to establish forgery of INEC form EC9 beyond a reasonable doubt.
Justice Otisi added that a suit to challenge non-qualification can only be instituted within 14 days of the occurrence of the subject matter and can only be challenged at a Federal High Court and not at the Governorship Election Petition Tribunal as done by Uba.
The Judge held that the appeal of Uba against the judgment of the Benue State Election Petition Tribunal delivered on September 23 lacked merit and was dismissed.
The Court subsequently upheld the judgment of the tribunal and rejected the plea of the PDP governorship candidate to set it aside.