Embattled lawmaker, Ifeanyi Ubah has appealed against the judgement of an Federal Capital Territory (FCT) Bwari, which sacked as Senator representing Anambra South senatorial district in the National Assembly.
KanyiDaily had reported that the court sacked Senator Ifeanyi Ubah on April 11, 2019, for allegedly submitting a forged National Examination Council (NECO) certificate to contest the February 23, 2019 senatorial election.
After sacking him, Justice Bello Kawu ordered INEC to withdraw the certificate of return issued to Ifeanyi Ubah and hand it over to Obinna Uzoh, candidate of the Peoples Democratic Party (PDP) as the senator elect of the district.
However, in a statement by his media aide, Adichie Izuchukwu, on Saturday, January 18, 2020, Senator Ubah accused the court of breaching his right to fair hearing by refusing to go into any of the issues raised by his lawyers.
“Finally, Senator Ubah has appealed against the Judge’s refusal to set aside the judgment of 11th April, 2019 granted to a co-defendant and also filed a motion for injunction to stay the judgment of the FCT High Court (Bwari division), pending the determination of the Appeal at the Appellate Court. All relevant parties including INEC have been served. We have absolute confidence that justice will be served by the Court of Appeal,” the statement read in parts.”
Read the full statement below:
“It is also imperative to note that Senator Ubah was not served with any of the Court processes and the endorsements and returns in the Court’s files confirm this.
“The motion joining Obinna Uzoh, hearing notices, and even the judgment were not served on Senator Ifeanyi Ubah. Obinna Uzoh and Anani Cletus hid the judgment from April 2019 when it was delivered and did not take any step to bring the judgment before the election tribunal or Court of Appeal where Senator Ubah’s victory was reaffirmed by the Election tribunal and Court of Appeal.
“This kangaroo tactics adopted spell doom for our electoral process and the entire justice system if allowed to stand.
“All these points and more, including the criminal nature of the allegation were presented to the Court during the hearing of Senator Ubah’s application to set aside the earlier judgment on the ground that it was a nullity.
“However, the Court surprisingly and yet again, denied Senator Ubah his right to fair hearing by refusing to go into any of the issues raised by his lawyers but only held that his application to set aside the null judgment of the Court was statute barred on the basis that the 180 days for pre-election matters had elapsed.
“The Court also failed to consider the recent Supreme Court decision in Appeal No. SC/1384/19 between Uche Nwosu vs Action Peoples Party, which his lawyers tendered to the Court in respect to the objections raised by Obinna Uzoh’s lawyer; where the Supreme Court held that the limitation of time will not affect, void and null void action.
“The Court failed to appreciate our arguments that the reliefs sought by Obinna Uzoh’s lawyer in his written address were filed after the election and was therefore a post-election matter to which the 180 days time limit would not even apply. Again, on service, the Court did not provide any basis for its position that Senator Ubah was served.
“The reliefs granted on the 11th of April, 2019 were based on post-election matters. Furthermore, the reliefs being sought for, after the election was conducted, is contrary to Section 285 (1) and Section 285(9) of the 1999 Constitution, as amended.
“Finally, Senator Ubah has appealed against the Judge’s refusal to set aside the judgment of 11th April, 2019 granted to a co-defendant and also filed a motion for injunction to stay the judgment of the FCT High Court (Bwari division), pending the determination of the Appeal at the Appellate Court. All relevant parties including INEC have been served. We have absolute confidence that justice will be served by the Court of Appeal.”
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