The Independent National Electoral Commission (INEC) had declared the All Progressives Congress (APC) candidate, Alia, and his Deputy, Sam Ode, as the winners of the election on March 21. They secured 473,933 votes, defeating their closest rivals, Uba/Ngbede of the PDP, who garnered 223,913 votes.

Expressing dissatisfaction with the election results as declared by the Commission, Uba and the PDP, represented by their lead counsel, Efut Okon SAN, approached the tribunal (EPT/BN/GOV/01/2023) seeking specific reliefs related to the qualifications of the Governor and Deputy-Governor. The first, second, third, and fourth respondents are listed as INEC, Alia, Sam Ode, and APC, respectively.

The grounds for Uba and PDP's petition include:

1. The contention that the Deputy Governor (3rd Respondent, Sam Ode) was not qualified to contest the election as his sponsorship was deemed invalid, having been done 44 days before the election date, falling short of the mandatory 180 days required by law for political parties to submit their candidates' names.

2. The claim that the Deputy Governor (3rd Respondent, Sam Ode) submitted false information by obtaining Form EC-9 (Affidavit in support of Personal Particulars) from INEC, falsely certifying that the form was sworn before the High Court of the Federal Capital Territory, Abuja.

In response, the 1st to 3rd respondents contested the competency of the petition, arguing that pre-election and intra-party issues fall outside the jurisdiction of the tribunal.

The tribunal, led by Justice Ibrahim Musa Karaye, delivered its decision on September 23, 2023, stating that matters related to nomination, sponsorship, and disqualification are within the purview of the Federal High Court and not the tribunal. This ruling marks a pivotal moment in the legal proceedings surrounding the Benue State Governorship election, reaffirming the jurisdictional boundaries of the tribunal.