Uba vs Alia: Appeal Court reserves judgment

From Uche Nnorom, Makurdi

The Court of Appeal, sitting in Abuja, Monday reserved judgment in the appeal filed by Rt. Hon Titus Uba and the Peoples’ Democratic Party, PDP, seeking to set aside the judgment of the tribunal which upheld the return of Hyacinth Alia as governor of Benue State.
Uba and the PDP challenged the election of Governor Alia, alleging that his deputy, Samuel Ode, presented a forged certificate to the Independent National Electoral Commission, INEC, contrary to Section 182(1)(j)of the Federal Republic of Nigeria, 1999(as amended).
They also, alleged that Alia’s name was submitted less than 180 days to the date of the election and the name of his deputy, Samuel Ode, was also not submitted to INEC after the party conducted a further re-run primary election.
The petitioners called a total of five witnesses, including officials of the Federal Capital Territory, FCT, High Court and tendered documents from the bar which were admitted as exhibits in proof of their petition.
However, a three-member panel of the tribunal headed by Justice Ibrahim Karaye dismissed the petition that it was a pre-election matter and statute barred.
Dissatisfied with the judgment, Uba and the PDP appealed the judgment of the tribunal.
Uba and the PDP in their brief or argument submitted 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,as the appellants were not questioning the actions or decisions of INEC in respect of the appellants participation in the election, neither were they saying any of the provisions of the Electoral Act, 2022 in the nomination of Governor Alia or his deputy was not complied with.
The appelants submitted that they challenged the qualification of Alia and Ode to contest the governorship election in Benue State under Section 177 (1)(c)of the constitution, read together with Section 29(1) and (2) of the Electoral Act, 2022.
While adopting his processes on Monday, lead counsel to Uba and the PDP, Chief Sebastine Hon, SAN, urged the appellate court to allow the appeal and set aside the judgment of the tribunal.
He submitted that the Supreme Court decision on the proof of forgery is a disclaimer from the issuing institution, which was done at the trial tribunal.
He informed the Court of Appeal of list of authorities filed by the appellants and recent judgments delivered by the Supreme Court in support of Uba’s appeal.
Counsel to INEC, Ishaka Dikko,SAN, counsel to Governor Alia, S. I.Ameh, SAN, that of Samuel Ode, Mamman Mike Osuman, SAN, and lead counsel to the APC, Mathew Burkaa, SAN, all urged the Court to dismiss the appeal.