The Court of Appeal in Abuja on Monday dismissed an appeal filed before it by the governorship candidate of the People’s Democratic Party, PDP Titus Uba seeking to upturn the victory of Governor Hyacinth Alia Benue State.
CRUX NEWS recalls that the Benue State Election Petition Tribunal had on September 23, dismissed Uba’s petition for lacking merit.
But the PDP candidate who alleged that the deputy governor Samuel Ode was not qualified to be a running mate during the election, sought redress at the Appeal Court.
Uba alleged that the deputy governor forged his Independent National Electoral Commission, INEC form EC9
However, ruling on the matter on Monday, Justice Onyekachi Otisi, while dismissing the allegations of non-qualification made by Uba against Ode, held that the PDP candidate failed to establish forgery of INEC form EC9 by Ode beyond a reasonable doubt.
The Appellate Court, among other reasons, said the issues of non-qualification are pre-election matters that can only be challenged at a Federal High Court and not at the Governorship Election Petition Tribunal as done by Uba.
Justice Otisi added that a suit to challenge non-qualification can only be instituted within 14 days of the occurrence of the subject matter.
