The court of appeal in Abuja has affirmed Ifeanyi Ubah as
the senator representing Anambra south senatorial district.
Stephen Adah, the appellate court justice, held that the
judgment of the lower court which sacked Ubah as senator is a nullity.
Bello Kawu, judge of a federal capital territory (FCT) high
court in Kubwa, had voided Ubah’s election on April 11, 2019 on the grounds
that he presented a forged National Examination Council (NECO) certificate to
INEC.
After hearing the case afresh, the high court still affirmed
its previous judgment on January 17, 2020, and ordered the Independent National
Electoral Commission (INEC) to withdraw the certificate of return issued to
Ubah and to issue a fresh certificate to Obinna Uzoh, candidate of the Peoples
Democratic Party (PDP) as the senator-elect of the district.
But Ubah contended that he was not given fair hearing.
Ubah through his counsel, Onyeachi Ikpeazu, argued that as
of the time the judgment in suit No: FCT/HC/CV/3044/2018 was delivered, the
suit was not properly filed before the court and that consequently, “the entire
proceedings and the judgment emanating therefrom are manifestly incompetent
being a nullity”.
Another issue raised was that the originating summons was
not signed by any counsel as required by law.
Delivering the judgment, Adah held that the law makes it
mandatory for a legal practitioner to sign an originating summons before it is
issued out.
He said: “A document that is not signed is a worthless piece
of paper and has no credibility.”
He also agreed that the right of the appellant to fair
hearing was breached by the trial court.
“Right to fair hearing is very fundamental and anything done
afterwards results to a nullity,” he said.
“The judgment of the lower court is a nullity and is hereby
set aside.”
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