19th March, 2020
The Appeal Court in Abuja on Thursday ruled that Nigerian businessman, Ifeanyi Ubah was duly elected a senator to represent Anambra South Senatorial district.
The court thus voided an earlier judgment delivered by the High Court of Abuja sacking Ubah as the senator representing Anambra South Senatorial district.
Justice Stephen Adah led a three-man panel, which unanimous threw out the judgment of the High Court and retain Ubah as the duly elected senator for Anambra South Senatorial District.
The court held that the judgement delivered by Justice Bello Kawu was a nullity on the grounds that the originating process was incompetent having not been signed by a lawyer as required and that the judgment was given without jurisdiction, and that Ubah was denied fair hearing by the FCT High Court.
Justice Adah, held among others that, since the cause of action arose in Anambra State, the FCT High Court was without the requisite territorial jurisdiction to have entertained the case.
He added that, from the record of proceedings before the FCT High Court, there was no evidence that Ubah was served with processes in relation to the case.
The judge also found that the originating summons, with which the case was commenced before the FCT High Court was not signed by any lawyer as required by the Rules of the High Court of the FCT.
The Nation reports that Justice Adah granted a perpetual injunction restraining the Clerk of the Senate and the Independent National Electoral Commission (INEC) from acting on the April 11, 2019 judgment which had been voided for being a nullity.