Three member panel of Governorship Election petition tribunal sitting in Makurdi, on Saturday, September 23, upheld the election of Governor Hyacinth Alia and his Deputy, Dr.Sam Ode.
In his judgment, the Chairman of the panel, Justice Ibrahim Karaye ruled that the tribunal lacked jurisdiction to entertain what he described as pre-election matter raised by the petitioners, Hon. Titus Uba and his people’s Democratic Party PDP.
Justice karaye who read the unanimous judgement stated that only the Federal High Court has the exclusive jurisdiction to entertain issues bordering on pre-election matters.
He further said the petitioners’ case was also an abuse of court processes because the same case was filed by the petitioners before the Federal High Court Abuja Division and its judgement was not challenged by the petitioners.
He said the petitioners lacked locus standi to challenge the nomination of the 2nd and 3rd respondent by the 4th respondent since they were not members of the 4th respondent.
Justice Karaye further said that the petitioners failed to prove their allegations of forgery against the 3rd respondent before the tribunal.
He said the 2nd and 3rd respondents were qualified to contest the March 18 Governorship Election and therefore dismissed the case.
The Petitioners, Titus Uba and the People’s Democratic Party (PDP) had dragged the respondents, INEC, Hyacinth Alia, Dr Sam Ode, and the All Progressives Congress (APC) before the Tribunal challenging their declaration by the INEC.
They petitioners argued that the 2nd and 3rd respondents, Gov Alia and Dr Ode were at the time of contesting the election not qualified to contest the March 18 Governorship Election.
They averred that the 4th respondent, the APC did not followed the provisions of the law in the nomination of the governorship and deputy governorship candidates.
They also alleged that the 3rd respondent had presented a forged certificate to the 1st respondent, INEC therefore should be disqualified.
They, therefore, prayed among other things the nullification of their election and declare the petitioners winners of the of the said election having scored second highest lawful votes.
However, the respondents in their counter argument urged the tribunal to dismissed the suit in its entirety as it was abuse of court processes.
The respondents stated that the Federal High Court Abuja Division had before the election delivered judgement on the same matter which was filed by the petitioners but they did not appealed the judgement till date.
They also said that the issues raised were all pre election matter and only the Federal High Court has the exclusive jurisdiction to entertain same.
The 2nd and 3rd respondents clearly stated that since the prayers sought by the petitioners were all pre-election matters the petitioners case was status bar and should be struck out.
According to the jurist it had no locus standi emphasising that whoever introdude on internal issues, insisting it Party issues evolving within their circle was not f or the purpose of outsider.