The Makurdi Division of the Federal High Court has Dismiss the suit filed by Chief Bernabas Gemade against All Progressives Congress APC challenging the primary election that produced Hyacinth Iormem Alia as the 2023 Gubernatorial Candidate of APC in Benue State.
Delivering judgement on the Preliminary Objection of APC and Hyacinth Alia, Justice Abdul Dogo Said the plaintiffs has Locus Standi and has shown enough reasons why his Suit should be heard.
Justice Abdul Dogo also answered the question asked by the defandant of whether the court has jurisdiction to hear the matter in the negative against the Defendants.
The court however found out that Bernabas Gemade suit was filled out of the 14 days required by law for filling of Pre-Election cases.
Justice Abdul Dogo said for the purpose of appeal he proceeded in examining the claims by the Plaintiff’s in his substantive suit and and concluded that Bernabas Gemade evidence and documents attached are worthless and hear say evidence.
The judge further held that Bernabas Gemade has failed woefully in proving his Case as it is settled position that he who alleges must prove. The judge Said the substantive Also lacks merits.
The suit was dismissed, all the reliefs sort by Bernabas Gemade refused and parties were asked to bear their cost.
This is the third major challenge to the emergence of Reverend father Hyacinth Alia as the gubernatorial Candidate of the All Progressives Congress in Benue State.
His initial emergence was contested in Court and the primary annulled, he emerged the winner of the second primary within the party and was presented as the party’s candidate.
Members of the party who were again displeased with his emergence again went to court to try to disqualify him but he survived.
The dismissal of the suit of Chief Bernabas Gemade is the third time lucky for him, whether the former National Chairman of the Peoples Democratic Party will take his grievance further is still a thing of conjecture.
The Reverend Father turned Politician can still savour his victory before the Courts at least for now.
