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Supreme Court Upholds Alia as Benue APC Governorship Candidate
George Okoh in Makurdi
The Supreme Court has affirmed Rev Fr Hyacinth Alia as the governorship candidate of the All Progressives Congress (APC) in Benue State, effectively ending the prolonged legal tussle over the authentic governorship candidate of the APC in the March 11 governorship election in the state.
Professor Terhemba Shija had filed an appeal against the May 27, 2022 primary election that produced Alia on the grounds of filling out of time.
Justice John Inyang Okoro, who led a 5-man panel of Justices of the apex court in a brief ruling, dismissed the appeal.
A hot argument had ensued between Prof Shija’s counsel, Mr Kenneth Ikonne and that of the APC, Mr Matthew Burkaa on when the cause of action arose.
While Shija’s counsel insisted that the cause of action arose on May 28, 2022, the APC counsel, a Senior Advocate of Nigeria, SAN, stood his ground that the cause of action emanated on May 26.
The APC drew the attention of the Court to Shija’s letter in which he complained about an event on May 26 and 27 and dissociated himself from it.
Shija counsel had insisted that the cause of action arose on May 28, when the results of the primary election was announced, the content of his letter he wrote to INEC shows that he became aware of the cause of action on May 26 and ought to have instituted the suit within 14 days stipulated by section 285 of the 1999 Constitution.
The court agreed that the suit was filed outside 14 days allowed by law and was subsequently dismissed by a unanimous decision of the court.
Meanwhile, Alia has appreciated Benue people and the APC family, led by Senator George Akume, for standing with him throughout the time of the prolonged court cases.
He said his team was happy the case has come out victorious at the courts.