Godwin Tsa Abuja

The Appeal Court has shifted the hearing of appeal filed by Senator Ifeanyi Ubah of the Young People’s Party (YPP) over his sack as the senator representing Anambra South Senatorial District, till March 12.

A three-man panel of Justices of the appellate court led by Justice Stephen Adah, adjourned the matter to enable some of the respondents to file their processes.

Listed as respondents in the appeal marked CA/A/32/2020, are Mr. Anani Chuka, the YPP, the Independent National Electoral Commission, INEC, and Dr. Obinna Uzoh. When the matter came up yesterday, counsel to the 1st and 4th Respondents (Chuka and Dr. Uzoh), prayed for time to respond to a fresh application he said was served on them by the Appellant.

Counsel to Ubah, Dr. Onyechi Ikpeazu, SAN, however, drew the appellate court’s attention to the fact that since the matter is a pre-election dispute, the lifespan of the appeal would expire in the next seven days. Consequently, the Justice Adah-led panel adjourned the appeal till Thursday for hearing.

Justice Bello Kawu of the FCT High Court sitting at Kubwa, had in a judgement he delivered on April 11, 2019, sacked Ubah on the ground that he allegedly used a forged National Examination Council, NECO, certificate to contest the senatorial election that held in Anambra South on February 23, 2019.

Justice Kawu directed INEC to withdraw the Certificate of Return it issued to Ubah and issue a fresh one to Dr. Uzoh of the Peoples Democratic Party, PDP, who came 2nd at the election.

However, Ubah, who contended that he was neither joined as a party nor served with any process with respect to the suit marked FCT/HC/CV/3044/2018, approached the trial court to set aside the judgement, which he insisted occasioned grave miscarriage of justice against him.

Though Justice Kawu, on December 4, 2019, suspended the execution of the judgement by restraining the Senate President from swearing-in Uzoh, he however, in a ruling on January 17, dismissed Ubah’s application to set-aside his sack as a lawmaker.

The Judge held that Ubah’s application to vacate his judgement lacked merit.

He said he was satisfied that Uba was duly served with all the relevant court processes via substituted means.

He, therefore, ordered INEC to go ahead and issue Certificate of Return to Dr. Uzor of the PDP.