The Court of Appeal in Abuja has granted the appeal filed by Ifeanyi Ubah of the Young Progressives Party (YPP), seeking the reversal of his removal as the Senator representing Anambra South in Anambra State.
The Appeal Court declared his removal as senator by the Federal Capital Territory High Court, Kubwa, Abuja, as null and void.
Justice Stephen Adah read the judgement of the three-man panel on Thursday.
J.O Asoluka represented the appellant Ifeanyi Ubah, while Michael Eleyini represented Anani Anacletus Chuka( first respondent).
The Young Progressive Party(YPP ) was listed as second respondent while the Independent National Electoral Commission (INEC) and Obinna Uzor of the Peoples Democratic Party(PDP) were listed as the third and fourth respondents.
The FCT high court had nullified Ubah’s candidacy on January 17, 2019, ruling that he submitted fake National Examination Council (NECO) Certificate to run for the February 23, 2019 senatorial election, among others.
But Ubah’s lead counsel, Onyechi Ikpeazu had told the court to strike out the judgement on the grounds that the lower court lacked jurisdiction to hear the case, since the election was in Anambra state.
He also said that the originating summons upon which the judgment was based were not signed by lawyers and as such, were incompetent.
In the judgement, Justice Adah said that Justice Bello Kawu, who gave the trial court ruling did not grant Ifeanyi Ubah fair hearing.
“The appellant’s right to fair hearing is sacrosanct,” he said.
Adah also said that the first and the fourth respondents, Anani Chuka and Obinna Uzor ,were playing funny to say that the originating summons upon which the trial court judgement was based were duly signed, adding that it was not signed.
The judge also said that it was part of the rules of court to ensure that the originating process are duly signed.
“A void judgement is a judgment that has nothing to offer.
“An incompetent originating summons doesn’t bring up the jurisdiction of the court,” he said.
Justice Adah then said that Ifeanyi Ubah’s appeal was meritorious, adding that since the course of action arose in Anambra state, the jurisdiction of the trial court of FCT does not extend to the state.
“The lower court had no jurisdiction to attend to that matter; the motion is hereby granted, the judgement of the lower court is a nullity and hereby set aside,” he said.
The judge also ordered Anani Cletus and Obinna Uzor to pay 250,000 naira each to the appellant.
