Supreme Court Upholds Ifeanyi Ubah’s election as senator
The Supreme Court on Tuesday upheld the election of Ifeanyi Ubah as the senator representing Anambra South Senatorial District.
The ruling came as the apex court dismissed the appeals filed by Chief Chris Uba and Dr Obinna Uzor challenging Ifeanyi Ubah’s election as the senator representing Anambra South Senatorial District.
The unanimous ruling was given by a five-man panel led by Justice Sylvester Ngwuta who held that the High Court of the Federal Capital Territory, where the suit began lacked territorial jurisdiction to entertain it.
In his ruling, Justice Ngwuta, held that since the election took place in Anambra State, the suit ought to have originated from a high court in Anambra State.
Recall that Justice Bello Kawu of the FCT High Court had on April 11, 2019 sacked Ubah for allegedly submitting a forged National Examination Council (NECO) certificate to the Independent National Electoral Commission (INEC) in support of his nomination as a candidate for the February 23, 2019 senatorial election. The judge included an order to INEC to issue a fresh certificate of return to Uzoh of the Peoples Democratic Party(PDP).
Not satisfied with the judgement, Ubah appealed to the Court of Appeal to set aside the judgment which he insisted occasioned grave miscarriage of justice against him.
The senator, who canvassed four grounds of appeal, maintained that he was denied fair hearing by the trial court, and that he was not served with the processes filed in the suit or any hearing notice in respect of the suit.
The Court of Appeal upheld his arguments by setting aside the High Court’s judgment.
Chris Uba and Uzor had since appealed to the Supreme Court.
Uba and Uzor’s lawyers, Chief Akin Olujimi, (SAN) and Chino Obiagwu (SAN) respectively, had asked the apex court to set aside the decision of the Court of Appeal, insisting that the FCT High Court had territorial jurisdiction over pre-election matters.