A Federal High Court sitting in Makurdi, the capital of Benue State, North-Central Nigeria, has reinstated the candidature of the All Progressives Congress (APC) in Benue State, Reverend Father Hyacinth Alia, as winner of the June 2022 governorship primary.
The aftermath of the All Progressives Congress governorship primary has been characterized by a flurry of inter and intra-party litigations across the country.
In Taraba state, a Federal High Court sitting in Abuja had nullified the nomination of Emmanuel Bwacha as the governorship candidate of the APC and ordered a fresh conduct of primaries within 14 days.
Elsewhere in Adamawa and Rivers states, the party has lost the chances to feature governorship candidates during the 2023 gubernatorial elections as the Federal High Courts in Yola-Adamawa and Rivers states respectively have disqualified the candidates, citing various electoral flaws and other forms of irregularities.
In a two-hour judgement delivered by Justice Hassan Dikko, the Court also dismissed a suit filed by an aspirant in the primaries, Professor Terhemba Shija, seeking the nullification of the APC governorship primary held on May 27th, 2022.
Professor Shija had approached the Federal High Court in Makurdi Division, seeking a perpetual injunction to stop the winner of the primaries, Reverend Father Hyacinth Alia, from parading himself as the candidate of the party.
The aspirant had joined his party, the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC) in the suit as respondents.
However, delivering his judgement, Honourable Justice Hassan Dikko of the Federal High Court, Makurdi Division, ruled that the case brought before the court lacked merit and accordingly struck it out.
Justice Dikko held that the Governorship primary which took place between the 26th and 28th of May, with a rerun on June 9th, 2022 was validly conducted by the INEC.
The Judge, however, granted the plaintiff the right to appeal, if he was dissatisfied with the judgement.
Reacting to the judgement, Counsel to Professor Terhemba Shija, Barrister Joseph Agbo, told journalists that his team would study the grounds of the judgement and advise his client accordingly.
“Looking at the judgement, the major issues were resolved in the interest of the plaintiff but the only issue that was against the plaintiff, according to the court, is the issue of locus standi.
“And the court stated that since the plaintiff said there was no election, it means he didn’t participate in the election but that’s not what the plaintiff said.
“The plaintiff said what took place was a sham; there was no valid primary election.”
However, Counsel to the APC and Legal Adviser of the party in Benue State, Barrister Fidelis Mnyim, described the judgement as a sound decision even as he said the outcome was a victory for the party and should be celebrated collectively.
“I’m excited with the outcome of the judgment because the judge had taken far-reaching decisions that will improve on the jurisprudence of election matters.
“I’m further excited today because before now, everyone had characterized the APC primaries as a yahoo-yahoo (dubious) primary, but in his judgement the Judge has established that indeed there was a valid election,” said Barrister Fidelis Mnyim.
He urged Professor Shija to accept the judgement in the interest of the party and return to join hands with the candidate of the party to prosecute the general elections come next year.
Addressing journalists at his campaign office, the APC’s governorship candidate in Benue State, Reverend Father Hyacinth Alia, observed that as much as it was exciting, it was not just his personal victory but that of the APC and the Benue people.
“In fact I am using the opportunity to invite them to come back for us to rebuild our party and then to deliver on democracy.
“Moments like this are in full lengths a total expression of our deep democracy,” said Fr. Alia.
He applauded the judiciary system for its fairness but cautioned that the judgement should by no means divide the party or the aggrieved members, describing himself as a unifying force and a bridge builder.
“I feel they should understand not just by perception but by position that democracy is unifying.
“Democracy is carrying everybody along.
“Democracy is letting everybody understand not the subjective interest but the objective interest.
“Benue and the people of Benue must remain the objective interest,” he said.
On his expectations about other three pending cases against him in the courts, Fr. Alia expressed trust and confidence that the same fairplay exhibited by the justice system would be replicated:
“I have confidence in the judiciary system of my country, Nigeria.
“A Daniel is come to judgement. I’m confident that the same fairplay, the same justice will deliver in my favour.
“I trust in it. I believe in it and am very confident that they will exercise by the rule and that remains my hope.”
Fr. Alia urged his supporters to consider the judgement as a collective victory in the interest of the state and not as his personal victory:
“In as much as my supporters remain excited and jubilant, let us remember that it is not about the person of Fr. Alia.
“It’s about delivering Benue from the deplorable state.
“All of us have suffered in the last 7 and a half years. Now, I think it’s a hallmark of delivery.”
Fr. Alia said his campaign team has put a whole lot of programs in place to uplift Benue State from the shackles of poverty, deplorable economy and slavery to insecurity.
The All Progressives Congress has meanwhile appealed to aggrieved members of the party who either lost or have pending cases in the courts to withdraw them and return to the negotiating table.
The Secretary of the APC in Benue State, Hon. Paul Biam, stated this while reacting to the outcome of the judgement delivered in favour of the governorship candidate of the party.
“The party is willing to accept them back as members of this party in the interest of all of us to work together for the success of our party in the general elections in 2023.
“So, this is our appeal from the party: they should please come back.
“We will never abandon them, they are our loyal party members inspite of all these.”
Voice of Nigeria’s Correspondent, Aloysius Umalo, reports that supporters of Fr. Alia have appreciated the judgement in their principal’s favour as the APC Governorship candidate’s office has been agog with festivities.
