The Court of Appeal sitting in Abuja has affirmed the election of Ifeanyi Ubah of the Young Progressive Party (YPP) as the lawmaker representing Anambra South Senatorial District.
Ubah had approached the appellate court to set aside the judgement of an Abuja High Court which nullified his election on January 17. In its ruling, the court also ordered the INEC to withdraw the certificate of return issued to Ubah and to issue a fresh one to the candidate of the Peoples Democratic Party (PDP), Obinna Uzoh – who came second in the election.
In a unanimous judgment, a three-member panel of the Justices of the Court of Appeal led by Justice Stephen Adah, held that the FCT High Court lacked the jurisdiction to entertain the matter.
Also, the appellate court said it found no evidence that Ubah was served with any hearing notice before the trial court delivered judgement against him.
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 a cost of N250, 000 each, against the plaintiff that filed the suit at the lower court, Anani Chuka and the senatorial candidate of the PDP, Obinna Uzoh, who was a beneficiary of the judgement.