Ade Adesomoju, Abuja
The Abuja Division of the Court of Appeal on Thursday reserved judgment on an appeal filed by Senator Ifeanyi Ubah to challenge an April 11, 2019 order of the High Court of the Federal Capital Territory, Kubwa, Abuja, sacking him as the Senator representing Anambra South.
A three-man panel of the Court of Appeal led by Justice Stephen Adah, reserved judgment after hearing parties to the case.
The date of the judgment would be communicated to the parties.
The FCT High Court had on April 11, 2019 sacked Ubah for allegedly submitting a forged National Examination Council certificate to the Independent National Electoral Commission in support of his nomination as a candidate for the February 23, 2019 senatorial election.
The judge had also ordered INEC to withdraw the certificate of return issued to the YPP candidate.
He also directed that a fresh one be issued to Dr. Obinna Uzoh of the Peoples Democratic Party, who came second in the election.
But the FCT High Court had granted Ubah’s application for stay of execution of the judgment pending the determination of his appeal.
At the Thursday’s hearing at the Court of Appeal, Ubah’s lawyer, Dr. Onyechi Ikpeazu (SAN), urged the court to up his client’s appeal, insisting that the FCT High Court’s judgment was a nullity.
Ikpeazu argued that the Nigerian Bar Association’s seal affixed to the processes filed before the lower court giving rise to the judgment was forged.
He added that there was evidence to show that as of the time the judgment was delivered, the plaintiffs had yet to pay for the filing of the suit, which he said implied that the judgment based on the allegedly improperly filed suit was a nullity.
Ubah’s YPP, also, through its lawyer urged the court to uphold the appeal and nullify the lower court’s judgment.
But the lawyers to Anani Chuka and Dr. Obinna Uzoh, who were the plaintiffs who initiated the suit at the FCT High Court, urged the court to dismiss the appeal and uphold the FCT High Court’s judgment