By Amos Aar
THE Makurdi Judicial Division of the Court of Appeal presided over by the Honourable Justice Biobelle Abraham Georgewill Monday nullified the All Progressives Congress (APC) gubernatorial primary election in Benue State, which produced Rev. Fr. Hyacinth Alia as its candidate.
Delivering judgement in an appeal filed by Prof. Terhemba Shija, a governorship aspirant on the platform of the APC, who challenged the judgement of a Federal High Court which struck out his suit challenging the APC governorship primary election in the state, Justice Biobelle Georgewill, held that the appellant, successfully proved that there was no gubernatorial primary election conducted by the APC on May 27, 2022 in eleven local government areas.
Justice Georgewill therefore ordered for a rerun of the primaries in the said eleven local government areas within fourteen days.
The 11 local government areas where the rerun is to be conducted include; Gboko, Guma, Katsina-Ala, Vandeikya, Gwer East, Gwer West, Makurdi, Logo, Otukpo, Tarka and Ukum.
Justice Georgewill held that the APC gubernatorial primary election held on May 28, 2022 was invalid for non-compliance with the relevant laws in 11 local government areas thereby disenfranchising the electorates in those areas. The court therefore held that there was the need to allow the electorate in those areas to exercise their franchise.
Justice Georgewill however held that the rerun conducted on the 9th June, 2022 was done in accordance with the law.
The local government areas where rerun was held on the 9th June, 2022 include Buruku, Kwande, Agatu, Konshisha, Ogbadibo, Ushongo, Oju Okpokwu, Ado, Ohimini Obi and Apa LGAs, where Rev. Fr. Alia won overwhelmingly.
Reacting to the Appeal Court judgement in a statement issued on social media by Mr Kula Tersoo who is the DC, Alialization Alia/Ode Campaign Organization, Rev. Fr Hyacinth Alia urged his supporters to be calm as he was weighing two options availed him by the Court of Appeal either to head to the Supreme Court or to participate in the rerun election.
The counsel to the party, Mr Fidelis Mnyim, agreed with Mr Tersoo, stating that there was no cause for alarm as the judgement has opened two options for the APC. “The first option is that we will comply with the court’s directive and conduct a rerun primary in the 11 LGAs within the next 14 days, while the second option is to approach the Supreme Court within 14 days,” Mr Mnyim said.
He added: “We, however, would apply for the hard copy of the judgement, study it critically and advise the party accordingly. But in my opinion, either of the two options is in favour of the party.”
But counsel to Prof. Shija, Mr Ken Ikonne, in his reaction expressed dissatisfaction with the two-fold judgement, stating that though the court was right in nullifying the election of Fr. Alia in eleven LGAs, it lacks the powers to order for a rerun.
“The court nullified Alia’s election but held that since I did not challenge the primary election conducted in 12 LGAs on June 9, 2022, before he would be nominated, they should go and hold rerun elections in the 11 LGAs that was nullified.
“But I disagree because the court has no powers to order rerun elections as the defendants didn’t ask for it. So, I am bringing a cross-appeal against that aspect of the judgement. I will file an application for stay or an injunction pending appeal so that the APC does not go ahead to hold their primaries pending the outcome of the appeal,” Mr Ikonne stated.
In another judgement, the Appeal Court dismissed the appeal filed by Sen. Barnabas Gemade, another gubernatorial aspirant on APC’s platform, challenging the APC gubernatorial primary election in Benue State on technical grounds, stating that the suit was filed out of time and therefore, by law, “it was status barred”.
