The Court of Appeal in Abuja on Thursday set aside the judgment of a High Court which ordered the removal of Senator Ifeanyi Ubah from office as the senator representing Anambra South senatorial district at the National Assembly.
Justice Stephen Adah who delivered the unanimous judgment of the three-man panel held that the judgment of the lower court was given without jurisdiction and therefore a nullity.
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The court further agreed with Ubah that the originating processes which gave rise to the judgment delivered by Justice Bello Kawu was not signed by the plaintiff’s lawyer.
The court also awarded the cost of N250, 000 each against the respondents in favour of Senator Ubah.
While adopting his written address, counsel to the Senator Ubah, Dr. Onyeachi Ikpeazu (SAN) urged the court to allow the appeal and set aside the judgment of the lower court on the grounds that the suit was never filed as the stamp and seal of the Nigerian Bar Association (NBA) affixed on the originating processes was forged.
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He further added that the payment for the originating summons was paid for on September 25, 2019, months after the judgment was delivered.
While the Young People’s Party counsel asked the court to allow the appeal and set aside the decision of the lower court other respondents, Anani Chuka, Independent National Electoral Commission (INEC) and Dr Obinna Uzoh, through their counsel, while adopting their written addresses prayed the court to dismiss the appeal in its entirety.
Justice Bello Kawu had on January 17, 2020, affirmed his order which nullified Ubah’s election on the ground that he allegedly used a forged National Examination Council (NECO), certificate to contest the senatorial election that held in Anambra South on February 23, 2019.
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The court had on April 11, 2019, ordered INEC to withdraw the certificate of return it issued to Ubah and issue a fresh one to Dr. Obinna Uzoh of the People’s Democratic Party (PDP), who came 2nd at the election.
Dissatisfied, Ubah approached the Court of Appeal to set aside the judgement which he insisted occasioned grave miscarriage of justice against him.
In the appeal predicated on four grounds, the senator insisted that he was denied fair hearing by the trial court, adding that he was neither served with the originating processes nor hearing notice with respect to the suit that led to his sack from the Senate.
Besides, he argued that the Abuja court lacked the territorial jurisdiction to hear and determine a pre-election matter that arose from election that held in Anambra State.
Credit : Sun
