Page 36 The Court of Appeal, in Abuja, has affirmed the election of Ifeanyi Ubah, of the Young Progressives Party, YPP, as the Senator representing Anambra South Senatorial District.
Justice Bello Kawu of the Federal Capital Territory, FCT, High Court, in Kubwa, Abuja, had on January 17, nullified the election of Ubah, as the Senator representing the District.
In the judgement on January 17, the court also ordered the Independent National Electoral Commission, INEC, to withdraw the Certificate of Return issued to Ubah, and to issue a fresh Certificate to the Candidate of the Peoples Democratic Party, PDP, Obinna Uzoh, who came second in the election, as the Senator-elect of the District.
Not satisfied with the Lower Court’s decision, Ubah approached the Court of Appeal, to set aside the judgement which he insisted was a grave miscarriage of justice against him.
Delivering the judgement in Ubah’s appeal, on Thursday, the three member-Panel of the Appellate Court, in a unanimous decision led by Justice Stephen Adah, held that the Lower Court had no jurisdiction to have entertained the matter.
The failure to refuse the matter made the Lower Court’s decision void.
“That is what the court ought to have done when approached”, the court held.
Justice Adah in the lead judgement, held that “the appeal of the Appellant has merit, and it is hereby allowed”.
The Appellate Court further awarded the cost of N250,000 each, to be paid by the first and fourth Respondents, to Ubah.
More later…
