•As apex court says Uba, PDP appeal lacks merit

From  Godwin Tsa, Abuja and Scholastica Hir, Makurdi

Benue State Governor, Rev. Fr. Hyacinth Alia, has congratulated the masses of Benue people as the Supreme Court, yesterday, validated his election.

The apex court affirmed his election after dismissing an appeal by the Peoples Democratic Party (PDP) and its candidate, Titus Uba.

A five-man panel of Justices led by Justice John Okoro, unanimously dismissed the appeal for lacking in merit.

The apex court said the issues canvassed in the dismissed appeal did not qualify as post-election matters.

Consequently, the court prevailed on the lead counsel to the appellants to withdraw the appeal paving the way for its eventual dismissal.

Governor Alia, his deputy, Sam Ode, and a retinue of state officials were at the Supreme Court to witness the proceedings.

The Abuja division of the Court of Appeal had also affirmed Alia of the All Progressives Congress (APC) as the validly elected governor. A three-member panel of justices of the intermediary court had in a unanimous decision dismissed Uba’s appeal as lacking in merit.

In its lead judgment delivered by Justice Onyekachi Aja Otisi, the court said it found no reason to set aside the verdict of the Benue State Governorship Election Petition Tribunal, which had on September 23 validated Alia’s election victory.

It held that some of the grounds the PDP and its candidate raised in the appeal not only bordered on pre-election issues but also had elements of crime.

According to the appellate court, the appellants had raised the issue of forgery against Mr. Ode.

It held that since the allegation that the deputy governor submitted forged documents to the Independent National Electoral Commission (INEC) in aid of his qualification to contest the election, was criminal, it ought to have been proved beyond reasonable doubt.

The court further stressed that the issue of non-qualification of a candidate, being a pre-election matter, could only be ventilated at the Federal High Court and not before the election tribunal, as was done by the appellants.

It held that since the 14 days that the 1999 Constitution allowed for the eligibility of a candidate in an election to be challenged had elapsed, the issue had become statute-barred.

Besides, the court dismissed the appellants’ contention that the APC failed to submit the name of Governor Alia to INEC at least 180 days before the gubernatorial election was held.

It held that the argument was worthless because the primary election that produced Alia as the flag bearer of the APC in the governorship election was ordered by a High Court and conducted within the period the court stipulated.

In its final analysis, the appellate court held that the appellants failed to discharge the burden of proof that was placed on them by the law.

Governor Alia who was reacting to the judgement, said the apex Court’s decision only reaffirmed the time-honoured mantra that power belongs to the people.

He dedicated his victory to the ordinary Benue person on the street, farmers, teachers, market women, pensioners, IDPs, youths, and civil servants previously depressed and demotivated.

He stated that the mandate of the masses which was overwhelmingly given to him would only be used for the good and welfare of the people.

He hailed the judiciary saying it had proven once more that they were truly the last hope of the common man.

He maintained that he will continue to prioritize their needs and interests over those of people who do not mean well for the state.

Governor Alia called on the people to continue to support the government of President Bola Ahmed Tinubu to provide dividends of democracy to the Nigerian people.

In a statement signed by his Chief Press Secretary, Tersoo Kula, the Governor further reiterated his resolve to remain focused until the fortunes of the state are turned around for good and to ensure that Benue realises its potential and takes its pride of place in the comity of developed states in Nigeria.