In a decisive ruling on Monday, the Court of Appeal sitting in Abuja upheld the election of Hyacinth Alia as the governor of Benue State. The appeal was brought by Titus Uba, the Peoples Democratic Party candidate in the March 18 governorship election, seeking to overturn the tribunal’s judgment affirming Alia’s victory.
Uba had raised several allegations, including claims that Alia’s deputy, Samuel Ode, presented a forged certificate to the Independent National Electoral Commission (INEC). The tribunal had dismissed the petition, citing it as a pre-election matter and statute-barred.
In the ruling on the appeal, Justice Onyekachi Aja Otisi, leading a three-member panel, stated that Uba failed to prove the allegations of forgery against Ode beyond a reasonable doubt. She emphasized that to establish forgery, both the original and the alleged forged document must be presented, and Uba did not provide such evidence.
Citing Section 29(5) of the Electoral Act, Justice Otisi pointed out that the jurisdiction to hear the matter lies with the high court, not the tribunal. Additionally, she noted that Uba lacked the locus standi to challenge the qualification of the deputy governor since he was not part of the party’s primary.
The judge acknowledged that the rerun primary election was conducted in compliance with a court order, emphasizing the distinction between elections conducted based on a court order and those governed by the Electoral Act. The appeal was consequently dismissed, with each party instructed to bear its costs.