The Federal High Court sitting in Makurdi, the Benue State capital in a Pre-Election matter has granted the application of Prof Terhemba Shija for substitute services on Fr. Hyacinth Alia, the Benue APC Governorship Candidate.
The two aggrieved APC governorship aspirants senator Barnabas Gemade and Prof. Terhemba Shija has dragged the Party, Revd Fr. Hyacinth Alia and Independent National Electoral Commission (INEC) to the Court over alleged gross misconduct of APC Governorship Primary Election.
They sort a declaration of the Court that the primary election of the 1st Defendant purportedly held/conducted on the 27th day of May 2022 and 9th day of June 2022 in Benue State, to elect the governorship flag bearer did not meet the provisions of sections 77 and 84 of the Electoral Act 2022 and the Constitution and Electoral Guidelines.
They further sort a declaration that the purported declaration of the 2nd Defendant as the winner of the said primary election and his return as the Governorship Candidate of the 1st Defendant during the primary was invalid, null and void and of no effect.
They averred that the whole exercise was a flagrant breach of the provisions of sections 77 and 84 of the Electoral Act 2022 and the Constitution and Electoral guidelines of the 1st Defendant for the conduct of the Primary elections of the 1st Defendant in Benue State.
They further urged the court to set aside the declaration of the 2nd Defendant as the winner of the said primary election and his return as the Governorship Candidate of the 1st Defendant at the said primary election of the 1st Defendant.
Also an order mandating/directing the 1st Defendant to follow and conduct valid and proper primary election in accordance with the provisions of the Electoral Act 2022
When the cases came up today counsel to Fr Alia Barr. Mike Gber appearing with Others acknowledged service on his client by Gemade’s counsel and further told the court that his client was served on 14th day of June 2022 and is still within the time frame to respond to the service he however did not enter appearance in the suit against him by Prof Terhemba Shija as they were yet to perfect their services on him but INEC and APC did accordingly.
The counsel to Prof. Terhemba Shija KC Ikonne move an application for substituted services on APC Governorship Candidate Rev Fr Hyacinth Iormem Alia which the Presiding Judge, Justice Abdul Dogo granted.
Similarly, Justice Abdul Dogo granted substituted services on the winner of all progressive congress APC candidate for vandeikya/Konshisha Federal House of Representatives Hon. Sesoo Gboko and the adjourned to 15th September 2022 for hearing of the two Cases.
The All Progressive Congress APC and Rev Fr Hyacinth Iormem Alia, Benue APC Governorship Candidate has the following Counsel appearing, Mike Agber, F.A Nomor, E.C.A Hundu, Francis Uparegh, S.D Kwene-Orngu, Jane Otor, O.M Ajonye, Austine Atubu, F.B Mnyim, S.O Obuo, Bem Aboho, G.B Dandi, I.J Gbim- Gbande, G.A Forrenda, N.I Alev, V.C Jillah, D.T Ulagh, I.S Mbairuike, and P.K Juluku.
Barrister KN Collins appeared for Independent National Electoral Commission INEC.
