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From Scholastica Onyeka Makurdi
The Justice Ibrahim Karaye-led Governorship Election Petition Tribunal, (GEPT), sitting in Makurdi, the state capital, on Monday, August 14, 2023, reserved judgement on the petition filed by the immediate past speaker of the Benue State House of Assembly and governorship candidate of the Peoples Democratic Party, (PDP), Rt. Hon Titus Uba.
While adjourning the case for judgement, the three-man panel said a date will be communicated to all parties.
But while the parties look forward with bated breath to the hearing, echoes from the streets speak of overwhelming suspense, tension and anxiety as many wonder in whose favour the pendulum would swing.
But recall that governorship election conducted by
Independent National Electoral Commission, (INEC), on March 18, 2023, conducted in Benue state and on March 21, 2023, returned Rev. Fr. Hyacinth Alia and Barr. Sam Ode, as Governor and Deputy Governor of Benue State, respectively
But dissatisfied with the return of the duo, Uba and his political party, the Peoples Democratic Party, (PDP), on April 6, 2023, petitioned the election tribunal in Makurdi, seeking the nullification of the declaration of Hyacinth Alia and Samuel Ode as governor and deputy governor of the state.
In their petition marked EPT/BN/GOV/01/2023, Uba and PDP are contending that on the grounds that Governor Alia and his deputy, Sam Ode, were at the time of the election, not qualified to contest the election, as their sponsorship was invalid having been done after the 180 days’ timeline provided by the Electoral Act, 2022.
According to them, the sponsorship of Governor Alia and go Ode, breached the provisions of Section 177(c), of the Constitution of the Federal Republic of Nigeria, 1999 as amended because it was done 44 days to the date of the election, which is less than the mandatory period of 180 days required by law for political parties to submit the names of their candidates.
The petitioners also sought “that since the APC did not submit the name of its governorship candidate, Alia to INEC within the period and in the manner prescribed by law, he could not be said in law to have been sponsored by the party to contest the election and as such, stood disqualified and all votes credited to him in the election declared as wasted votes and be deducted from the total number of votes cast at the election.
Besides, PDP and Uba alleged that the deputy governor, Ode, presented a forged certificate to INEC in his form EC-9.
During the hearing, counsels to INEC, Ishiaku Dikko, (SAN), counsel to Governor Alia, S.I Ameh, (SAN), counsel to Ode, Mamman Mike Osuman, (SAN), and that of APC, Mathew Burkaa, (SAN), all urged the tribunal to dismiss the petition as it is lacking in merit.
But counsel to the petitioners, Efut Okon, (SAN), while adopting the petitioners’ final written address, submitted that the case of the petitioners was not that the deputy governor of the state, Ode, submitted false information to INEC, but that he presented a forged certificate to the electoral commission, and that the issuing authority, the High Court of the Federal Capital Territory, Abuja, had issued a disclaimer to that effect and even sent two of its staff who came and testified at the tribunal, disclaiming the oath form attached to Ode’s Form EC-9.
In the final written address, the petitioners pointed out six visible differences between the Form EC-9 of Hyacinth Alia which is marked exhibit 4 and that of his deputy, despite both forms being allegedly sworn to and commissioned at the High Court of the Federal Capital Territory, Abuja.
The PDP and Uba also drew the attention of the tribunal to the purported endorsement for the payment on the deputy governor’s INEC Form EC-9, which was done on May 25 day, 2022.
The petitioners submitted that as at May 25, 2022, when the assessment for payment of the said Form EC-9 was allegedly done, the primary election of the APC to produce the governorship candidate of the 4th respondent had not even been held, as the first gubernatorial primary election of the APC was conducted on May 27 and 28, 2022 while the re-run of same was done on June 9, 2022 and further rerun, on February 3, 2023.
The petitioners submitted that it could not be true to say that Ode who was later to emerge as a deputy governorship candidate of Alia only on August 12, 2022, started processing his INEC form EC-9 when the primary election to produce the governorship candidate of the APC had not yet taken place.
They further stated that Governor Alia and his deputy, Ode, in their respective replies also admitted presenting the Form EC-9 to INEC, and Ode did not bother to go to the tribunal to respond to the case of presentation of a forged certificate made against him and also did not call witness.
The petitioners submitted that by abandoning his pleadings, the deputy governor had admitted that he presented a forged certificate, contrary to the provisions of Section 182(i)(j) of the 1999 Constitution (as amended).
The petitioners written address read: “The sole ground of the petition is that the 2nd and 3rd respondents were at the time of the election, not qualified to contest the Election held on the 18th day of March, 2023; in that the 2nd and 3rd respondents’ sponsorship was invalid having been done after the 180 days’ timeline provided by the Electoral Act, 2022.
“Consequently, the sponsorship of the 2nd and 3rd respondents breached the provisions of Section 177(c) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) (hereinafter referred to as “the 1999 Constitution”). In addition, the 3rd respondent presented a forged certificate to the Independent National Electoral Commission (1st respondent), contrary to Section 182(1) (j) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
“By virtue of section 134(1)(a) & (3) of the Electoral Act, 2022 and section 285(2) of the 1999 Constitution, petitioners have approached this Honourable Tribunal for redress. According to the petitioners, the name of the 2nd respondent was submitted to the 1st respondent on the 3rd day of February, 2023 by the 4th respondent as the 4th respondent’s Governorship candidate for the Governorship election in Benue State held on the 18th day of March, 2023. Petitioners continued that from the 3rd day of February, 2023 to the 18th day of March, 2023 was 44 days.
“It is the case of the petitioners that the period from 3rd February, 2023 to 18th day of March, 2023 was less than the mandatory period of 180 days required by law for political parties including the 4th respondent to submit the names of their candidates.
“It is also the case of the petitioners that since the 4th respondent (APC), did not submit the name of the 2nd respondent (Alia) to the 1st respondent (INEC) within the period and in the manner prescribed by law, the 2nd respondent cannot be said in law to have been sponsored by the 4th respondent to contest the election.
“In effect, what the petitioners have said in their petition is that the 2nd respondent was not qualified to contest the Governorship election, and as such, all the votes credited to the 2nd respondent in the election were wasted votes, which ought to be deducted from the total number of votes cast at the election.
“Petitioners also stated in their petition that the 3rd respondent, (Sam Ode) in a failed attempt to comply with the provisions of the law had earlier on the 12th day of August, 2022 submitted a forged Form EC9 – Affidavit of Personal Particulars (Exhibit 7) to the 1st respondent for the purpose of contesting with the 2nd respondent as the Deputy Governorship candidate of the 4th respondent.
“According to the petitioners, the 3rd respondent obtained Exhibit 7 from the 1st respondent; filled, signed and presented the Form to the 1st respondent, “certifying” that the said Exhibit 7 was sworn to before the High Court of the Federal Capital Territory, Abuja.1.9 On enquiry from the Chief Registrar of the High Court of the Federal Capital Territory, Abuja, it was discovered that the said Exhibit 7 of the 3rd respondent was never sworn to before the High Court of the Federal Capital Territory, Abuja.
“The features on Exhibit 7 of the 3rd respondent did not tally with the features of an oath sworn to at the High Court of the Federal Capital Territory, Abuja as required by law. The said Exhibit 7 of the 3rd respondent according to the petitioners, is a forged document and since same was presented to the 1st respondent by the 3rd respondent, in law, the 3rd respondent is not qualified to contest the election as the Deputy Governorship candidate.”
While the waiting continues, there is perceived apprehension in the state as the fate of both parties are hanging in the balance.
While some residents believe that Governor Alia and his deputy, Sam Ode, have a bad case, and may not survive the legal battle, others note that they might escape sack by the tribunal under section 308 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) which protects them from civil and criminal litigation while in office.
While Mr David Mzer said the Benue people are keenly waiting for the verdict of the tribunal, Denen Achusa, has expressed confidence that even in the midst of the tension and anxiety, the tribunal would do a good job and ensure that no one cuts corners and sneaks into Makurdi Government House to govern the people.
