Court of Appeal sitting in Abuja on Thursday nullified a judgement of Abuja High Court that ordered the removal Senator Ifeanyi Ubah of the Young Progressive Party (YPP) from office as Senator representing Anambra South Senatorial District at the National Assembly.
In an unanimous judgement delivered by Justice Stephen Adah, the leader of the three-man panel declared that the High Court judgement was given without jurisdiction.
The appellate court also decided that the April 11, 2019, judgement of Justice Bello Kawu of the Abuja High Court that removed Ubah from the Senate, was based on incompetent court processes. The court stated that the Originating Summon was not duly signed by any legal practitioner as required by law. The appellate court, said the High Court rules made it mandatory that such legal document must be signed.
Aside vacating the judgement of the High Court, the Appeal Court issued an Order of Perpetual Injunction restraining the Clerk of the National Assembly from giving any effect to it.
The appellate court further awarded cost of N250, 000 each, against the plaintiff that filed the suit at the lower court, Mr. Anani Chuka and the senatorial candidate of the Peoples Democratic Party, PDP, Dr. Obinna Uzoh, who was a beneficiary of the judgement.
It will be recalled that Justice Bello Kawu of the FCT High at Kubwa, had in his judgement, sacked Ubah from the Senate over the allegation that he used a forged National Examination Council, NECO, certificate to contest the senatorial election that held in Anambra South on February 23, 2019.