The Court of Appeal, sitting in Abuja, reserved judgment on Monday in the appeal brought by Hon Titus Uba and the Peoples Democratic Party, PDP, seeking to overturn the tribunal’s decision upholding Hyacinth Alia’s victory as Governor of Benue State.
Uba and the Peoples Democratic Party (PDP) challenged the election, claiming that his deputy, Samuel Ode, provided a fake certificate to the Independent National Electoral Commission, INEC, in violation of Section 182(1)(j) of the Federal Republic of Nigeria, 1999 (as amended).
They also claimed that Alia’s name was submitted to INEC less than 180 days before the election, and Ode’s name was not submitted to INEC after the party held a re-run primary poll.
The petitioners called five witnesses, including FCT High Court officials, and presented documents from the bar as exhibits in support of their case.
However, a three-member tribunal panel led by Justice Ibrahim Karaye dismissed the case on the grounds that it was a pre-election affair and thus statute-barred.
Uba and the PDP appealed the tribunal’s decision because they were dissatisfied with it.
In their brief or argument, Uba and the PDP argued that the petition did not fall within the definition of pre-election matter as provided by Section 285(14)(a),(b), and (c) of the 1999 Constitution, because the appellants were not questioning INEC’s actions or decisions regarding the appellant’s participation in the election, nor were they claiming that any of the provisions of the Electoral Act, 2022 in the nomination of Governor Alia or his deputy were not followed
The appellants claimed that they challenged Alia and Ode’s eligibility to run for governor of Benue State under Section 177 (1)(c) of the constitution, as well as Sections 29(1) and (2) of the Electoral Act, 2022.
Chief Sebastine Hon, SAN, lead lawyer for Uba and the PDP, urged the appellate court to approve the appeal and overturn the tribunal’s decision on Monday.
He contended that the Supreme Court ruling on forgery proof is a disclaimer from the issuing institution, which was done before the trial tribunal.
He informed the Court of Appeal of the appellants’ list of authorities as well as previous Supreme Court decisions in favor of Uba’s appeal.
Ishaka Dikko, SAN, counsel for INEC, S. I. Ameh, SAN, counsel for Governor Alia, Mamman Mike Osuman, SAN, and lead counsel for the APC, Mathew Burkaa, SAN, all asked the Court to dismiss the appeal.
Sebastine Hon, SAN, requested the appellate Court to reject the cross-appeals with heavy costs because there were no records of appeal in support of both appeals because the records were transmuted out of time.
The three-judge bench, led by Justice Onyekachi Aja Otisi, postponed ruling on a date to be given to the appellants.