The Court of Appeal in Abuja has affirmed the election of Ifeanyi Ubah of the Young Progressive Party as the senator representing Anambra South.
Justice Bello Kawu of the Federal Capital Territory (FCT) High Court in Kubwa, Abuja, had, on January 17, nullified the election of Mr Ubah as the senator representing Anambra south.
In the judgement on January 17, the court also ordered the INEC to withdraw the certificate of return issued to Mr Ubah and to issue a fresh certificate to the candidate of the Peoples Democratic Party (PDP), Obinna Uzoh – who came second in the election, as the senator-elect of the district.
Not satisfied with the lower court’s decision, Mr Ubah approached the appellate court to set aside the judgement which he insisted was a grave miscarriage of justice against him.
Delivering judgment in Mr Ubah’s appeal on Thursday, the three member-panel of the appellate court in a unanimous decision led by Justice Stephen Adah held that the lower court had no jurisdiction to have entertained the matter.
The failure to refuse the matter made the lower court’s decision void.
“That is what the court ought to have done when approached, the court held.
Justice Adah in the lead judgment held that “the appeal of the appellant has merit and it is hereby allowed.”
The appellate court further awarded the cost of N250,000 each to be paid by the first and fourth respondent to Mr Ubah.