In a landmark ruling, the Supreme Court has solidified Governor Hyacinth Alia’s position as the legitimate governor of Benue State, dismissing the appeal lodged by the Peoples Democratic Party (PDP) and its candidate, Titus Uba, challenging the outcome of the March 18 state election.
The five-man panel of Justices, led by Justice Inyang Okoro, took this decision after counsel for the appellants, Mr. Sebastian Hon, SAN, withdrew from the case, which the court noted was primarily focused on pre-election issues.
This affirmation by the Supreme Court follows a previous validation of Alia’s election by the Court of Appeal in Abuja. The three-member panel of justices at the appellate court, led by Justice Onyekachi Aja Otisi, unanimously dismissed Uba’s appeal, deeming it lacking in merit.
Justice Otisi’s lead judgment emphasized that the grounds raised by the PDP and its candidate revolved around pre-election issues and even had elements of criminality. Notably, the court addressed the allegation of forgery against the Deputy Governor, Mr. Samuel Ode, stating that criminal allegations must be proven beyond reasonable doubt.
The appellate court clarified that matters of candidate qualification must be raised at the Federal High Court and cannot be brought before the election tribunal, as attempted by the appellants. Moreover, the court emphasized that the statutory period for challenging a candidate’s eligibility had lapsed as per the constitutional provision.
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Addressing contentions regarding the APC’s submission of Governor Alia’s name to INEC within the stipulated time frame, the court deemed the argument invalid. It pointed out that the primary election leading to Alia’s candidacy was court-ordered and conducted within the prescribed period.
In its comprehensive analysis, the appellate court concluded that the appellants failed to meet the burden of proof required by law. Consequently, all issues raised in the appeal were decisively resolved against the appellants.
With this final pronouncement from the apex court, Governor Alia’s victory in the Benue State gubernatorial election stands reaffirmed, solidifying the legal certainty surrounding his position as the duly elected governor.
