- Chris Ubah, Obinna Uzor’s appeal dismissed
The Supreme Court has upheld the election of Senator Ifeanyi Ubah as the senator representing Anambra South.
The court, on Tuesday in a unanimous judgment of a five-man panel, dismissed the appeals brought by Chief Chris Uba and Dr. Obinna Uzor.
Justice Sylvester Ngwuta held in the lead judgment that the High Court of the Federal Capital Territory (FCT) lacked the territorial jurisdiction to determine a matter that arose from the primary election conducted in Anambra State, as according to him, the cause of action emanated from Anambra State and not the FCT.
While arguing the appeal, Akin Olujimi, SAN, (for Uba), and Chino Obiagwu, SAN, (for Uzor) had urged the Supreme Court to set aside the decision of the Court of Appeal, which had voided the judgment of Justice Bello Kawu of the FCT High Court and allow their appeal on the grounds that the FCT High Court has territorial jurisdiction over pre-election matters, among other issues raised in the appeal, as according to them, what determines the cause of action is the originating process.
Senator Ubah’s lawyer, Onyechi Ikpeazu (SAN), in his argument urged the apex court to dismiss the appeals on the grounds that FCT High Court lacks the territorial jurisdiction to entertain a cause of action that emanated from Anambra State and not the FCT.
Chris Uba and Obinna Uzor, who were dissatisfied with the Court of Appeal decision, appealed to the Supreme Court.
The Court of Appeal, Abuja, Division had on March 19, set aside the judgment of High Court of the Federal Capital Territory, which had ordered the removal of Ifeanyi Ubah from office as the senator representing Anambra South at the National Assembly.
Justice Stephen Adah, who delivered the unanimous judgment of the three-man panel, held that the judgment of the lower court was given without jurisdiction and therefore a nullity.
