Appeal court upholds Ifeanyi Ubah election
…as he remains Anambra South Senator
Court of appeal sitting in Abuja has on Thursday affirmed the election of Mr. Ifeanyi Ubah of the Young Progressive Party, YPP as the Senator representing Anambra South thereby annulled the April 11, 2019 judgement of the High Court of the Federal Capital Territory, FCT which sacked him.
On January 17, 2019, Justice Bello Kawu of the Federal Capital Territory, FCT High Court in Kubwa, Abuja, nullified the election of Ubah as the Senator representing Anambra South.
The court also ordered INEC to withdraw the certificate of return issued to Ubah and thereby issue a fresh certificate to Mr. Obinna Uzoh, a candidate of the People’s Democratic Party, PDP, who came second in the election as the Senator elect of Anambra South senatorial district.
The 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 three-man panel, however noted that failure to refuse the matter made the lower court’s decision void.
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, who won the case.