The Justice Inyang Okoro-led panel dismissed the appeal after counsel for the appellants, Mr. Sebastian Hon, SAN, pulled out of the case, which the court noted involved pre-election issues.
It will be recalled that the Court of Appeal in Abuja also affirmed Alia of the All Progressives Congress (APC) as the validly elected governor of the state.
The appellate court, in a unanimous decision by a three-member panel of justices, dismissed Uba’s appeal as lacking in merit.
In its lead judgement that was delivered by Justice Onyekachi Aja Otisi, the court said it found no reason to set aside the verdict of the Benue State Governorship Election Petition Tribunal, which had on September 23 validated Alia’s election victory.
It held that some of the grounds the PDP and it candidate raised in the appeal not only bordered on pre-election issues but also had elements of crime.
According to the appellate court, the appellants had raised the issue of forgery against the Deputy Governor of the State, Mr. Samuel Ode.
It held that since the allegation that Ode submitted forged documents to the Independent National Electoral Commission, INEC, in aid of his qualification to contest the election, was criminal in nature, it ought to have been proved beyond reasonable doubt.