TRACKING____ As the Court of Appeal, Abuja Division reserves judgment in the appeal filed by Senator Ifeanyi Ubah, against the judgment of a High Court of the Federal Capital Territory (FCT), the applicant has listed alleged forgery cases against his opponent.
The said judgment had ordered Ubah’s removal from office as Senator representing Anambra South Senatorial District at the National Assembly.
The three-man panel of Justices of the appellate court led by Justice Stephen Adah said the date for the judgment in the appeal shall be communicated to parties.
Meanwhile, the senator through his counsel, Onyeachi Ikpeazu (SAN), is praying the court to allow the appeal and set aside the judgment of the lower court on the ground that the suit was never filed as the stamp and seal of the Nigerian Bar Association allegedly used in the filing of the originating summons was forged and the payment for the originating summons was made on September 25, 2019, months after the judgment was delivered.
But respondents in the matter, Anani Chuka, Independent National Electoral Commmssion (INEC) and Dr. Obinna Uzoh, through their counsel, rather pray 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.
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 Peoples Democratic Party (PDP), who came second at the election.
Dissatisfied, Ubah approached the Court of Appeal to set-aside the judgment which he insisted was a grave miscarriage of justice against him.
In the appeal, 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.
However, in his further affidavit in support of his motion on notice filed on March 6, 2020, Ubah is asking the Court of Appeal to set aside the judgment of Justice Kawu on the grounds that the entire proceedings and the judgment emanating there from are manifestly incompetent, being a nullity.
According to him, the proceedings amount to a nullity on the grounds that: “As at the time the judgment in suit numbered: FCT/HC/CV/3044/2018 was purportedly delivered, the suit had not been filed as filing fees had not been paid.”
Meanwhile, NECO has also confirmed through a letter to the police that the NECO result of Senator Ifeanyi Ubah is authentic, similarly INEC has further confirmed that the primaries of YPP was duely conducted and Senator Ifeanyi Ubah emerged winner.
