The Court of Appeal sitting in Abuja has affirmed the election of Ifeanyi Ubah of the Young Progressive Party, YPP, as the senator representing Anambra South thereby voiding the April 11, 2019 judgment of the High Court of the Federal Capital Territory (FCT), which sacked him.
Justice Bello Kawu of the Federal Capital Territory (FCT) High Court in Kubwa, Abuja, had, on January 17, nullified the election of Mr Ubah as the senator representing Anambra south.
In the judgement on January 17, the court also ordered the INEC to withdraw the certificate of return issued to Mr 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.
But, a three-man panel of the appellate court, led by Justice Stephen Adah, in a unanimous decision 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 judgment 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 respondent to Mr Ubah.
