A’ Court hears Ubah’s appeal March 12

The Court of Appeal, Abuja on Monday adjourned till March 12 to hear the appeal filed by Senator Ifeanyi Ubah, challenging the trial court decision that sacked him from the Senate.

The Federal Capital Territory (FCT) High Court had nullified Ubah’s election after affirming its earlier decision of January 17, on the premise 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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A three- man panel of the appellate court led by Justice Stephen Adah, adjourned the matter to enable parties respond to a fresh application filed by Ubah.

The hearing would be coming barely five days to the expiration of the suit.

In accordance with the Electoral Act, election matters have a life span of 60 days at the court of appeal, following which the case automatically becomes statute barred and a mere academic exercise.

When the matter was called, counsel to the appellant, Dr. Onyechi Ikpeazu (SAN) informed the court that he filed a motion before the court this morning and have also served all parties.

However, while lawyers to the second and third respondents, J. B. Marshall and M. Danbaba respectively, admitted service, they said they would not be responding to the motion.

But, counsel to the first and fourth respondents, N. A. Mohammed and Prof. H. A. Olaniyan, asked for time to respond to the motion. The respondents are Anani Chuka, Young Progressive Party (YPP), Independent National Electoral Commission (INEC) and Dr. Obinna Uzoh.

Consequently, Justice Adah gave the two respondents two days to file their responses and one day to the appellant to reply on point of law if any and adjourned the matter till March 12 for hearing of both the motion and appeal.

Justice Bello Kawu had on January 17, 2020 affirmed his order which nullified Ubah’s election on the premise 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, after sacking Ubah ordered the Independent National Electoral Commission (INEC) to withdraw the certificate of return it issued to Ubah and issue a fresh one to Senator Obinna Uzoh of the Peoples Democratic Party (PDP), who came second at the election.

Miffed by the decision, Ubah had on the same day 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 and filed by Ikpeazu (SAN), the sacked senator insisted that he was denied fair hearing by the trial court, claiming that he was neither served with the originating processes nor hearing notice with respect to the suit.

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.

Meanwhile, the appellate court has reserved ruling in the suit filed by a Peoples Democratic Party (PDP) senatorial candidate, Chief Chris Uba.

Chris Uba is challenging the judgment of Justice Kawu, which had dismissed his application seeking to be joined as an interested party in the substantive suit filed by an electorate in the state, Anani Chuka.