S’Court upholds Alia’s victory as Benue governor.
The Supreme Court yesterday dismissed two appeals by the Peoples Democratic Party (PDP) governorship candidate in Benue State, Titus Uba, seeking to void the victory of Governor Hyacinth Alia of the All Progressives Congress (APC).
A five-member panel, presided over by Justice John Okoro, said issues raised in the appeals do not qualify as post-election matters.
Appellants’ lawyer, Sebastine Hon (SAN), attempted to explain the basis of the appeal.
He said the appellants challenged the sponsorship of Alia and his deputy, Samuel Ode.
According to him, while the APC failed to submit Ode’s name to the Independent National Electoral Commission (INEC) before the election, Alia’s name was submitted out of time.
Hon was still explaining his client’s case when a member of the court’s panel, Justice Emmanuel Agim, intervened.
Justice Agim said there were no post-election issues in the appeal, adding: “You are dealing with pre-election matters here.
“It is not every issue about sponsorship that falls into post-election cases. This is clearly a pre-election matter.
“This case does not fall in the category of post-election matters. This case is a matter dealing with nomination and presentation of candidates’ names.”
Another member, Justice Helen Ogunwumiju, noted that there were no serious issues of law raised in the appeal requiring the court’s intervention.
Justice Okoro added: “This is not the kind of case that should come here. On a very serious note. We have a lot of work to do. We are unanimous on this matter.”
The Justices then prevailed on Hon to withdraw the first appeal, which he did, following which the court dismissed it in the absence of objection from the respondents’ lawyers.
Justice Okoro said as agreed by the parties, the order of dismissal on the first appeal, marked: SC/CV/1162/2023 shall apply to the second, marked: SC/CV/1164/2023.
The court session was witnessed by Alia, Ode and some other politicians from Benue.
Alia left the Supreme Court straight for Secretary to Government of the Federation (SGF) George AKume’s residence to convene to him the good news of his triumph at the apex court.
He was warmly received by the political leader of the APC in the state, who embraced him for a few minutes after vigorously shaking hands with the governor.
Alia, who said the victory will ginger him to push on with his laudable programmes for Benue people, told reporters: “I 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.”
He dedicated his victory to the ordinary Benue people on the street, farmers, teachers, market women, pensioners, IDPs, youths, and civil servants previously depressed and demotivated.
The governor vowed to prioritise their needs and interests and called on the people to continue to support the Bola Ahmed Tinubu administration.
The PDP in Benue State said it had accepted the verdict of the Supreme Court in good faith.
It thanked its leaders and supporters for their backing and urged them to remain steadfast.
Judgment reserved in Ebonyi governorship dispute
Also yesterday, the apex court heard three appeals seeking to void the election of Ebonyi State Governor Francis Nwifuru of the APC.
One of the appeals, marked: SC/CV/1156/2023 was filed by Odoh Benard of the All Progressives Grand Alliance (APGA), while two, marked: SC/CV/1212/2023 and SC/CV/1218/2023 were by Chukwuma Odii Ifeanyi of the PDP.
With the agreement of all parties, the court heard the one marked SC/CV/1212/2023 and said the judgment on the one heard would be applied to the other two.
Appellants’ lawyer, Chris Uche (SAN), adopted his clients’ briefs, urged the court to allow the appeal, set aside the decision of the court below and grant the reliefs as prayed.
Uche explained that his clients’ main contention is that the Nwifuru was not a member of the APC when he contested the election; therefore, his nomination was invalid.
While he was still making his submissions, Justice Agim asked Uche about the implication of a judgment given by a Federal High Court in Abuja last year.
It was held that Nwifuru, who was then the Speaker of the Ebonyi State House of Assembly, should vacate his seat because he was no longer a member of the PDP on which platform he got into the House of Assembly.
Responding, Uche said: “We are saying that he…failed to obey and held on the seat for over five months.”
He noted that Nwifuru’s appeal against that judgment was listed for hearing on Monday by the Court of Appeal.
Lawyer to the Independent National Electoral Commission (INEC), Babandala Fika, prayed to the court to affirm the concurrent findings on the merit by both courts below.
Nwifuru’s lawyer, Onyechi Ikpeazu (SAN), urged the court to dismiss the appeal.
He faulted Uche’s argument, noting that the judgment of the Federal High Court was on a case initiated by the PDP.
Ikpeazu, who also faulted Uche’s claim that his client forged his APC membership card, argued that the court having determined that Nwifuru had left the PDP, he was entitled to have a membership card of his new party.
Lawyer to the APC, Kehinde Ogunwumiju (SAN), urged the court to dismiss the appeal, affirm the decision of the court below and uphold the declaration and return of Nwifuru as the Governor of Ebonyi State.
Ogunwumiju argued that Section 177 on which the appellants hinged their case, is only meant to prevent an independent candidate from contesting an election.
The SAN said: “The question to be asked is whether the person, whose nomination is being challenged identified with a party or whether he was sponsored by the party.
“Was he voted for by the electorate because he is a candidate of a party? Did INEC publish his name as a candidate of a party?”
Ogunwumiju noted that the appellants, in their petition before the election tribunal, answered the questions themselves by listing the candidate and his party, and also tendering Form EC8A, showing his scores in the election.
He argued that the information in the appellants’ petition was sufficient to address their doubt that Nwifuru was a member of the APC.
Justice Okoro said judgment has been reserved.
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