The Supreme Court on Tuesday dismissed the appeals brought by senate aspirants, Chris Ubah and Dr Obinna Uzor, challenging the election of Senator Ifeanyi Ubah as the Senator representing Anambra South Senatorial District.
A five-member panel of justices led by Justice Sylvester Ngwuta held that the FCT High Court lacked the territorial jurisdiction to determine a matter that arose from the primary election conducted in Anambra State.
At the hearing of the appeals, lawyers to Chris Ubah and Uzor, Akin Olujimi (SAN), and Chino Obiagwu (SAN) respectively asked the Supreme Court to set aside the decision of the Court of Appeal which had voided the judgment of Justice Bello Kawu of the FCT High Court.
They argued that the FCT High Court had territorial jurisdiction over pre-election matters among other issues raised in the appeal.
According to them, what determines the cause of action is the originating process.
However, counsel to Senator Ifeanyi Ubah, Dr Onyechi Ikpeazu (SAN) in his argument asked the apex court to dismiss the appeals on the grounds that FCT High Court lacks the territorial jurisdiction to entertain a cause of action that emanated from Anambra State and not the FCT.
He informed the court that the suit was filed in September 2019 after the ruling of the National Assembly Election Petitions Tribunal but backdated to September 2018 as a pre-election matter.
He added that letters from the Registrar of the FCT High Court and the stamp and seal of the Nigerian Bar Association (NBA) confirmed the position.
The Court of Appeal in Abuja had on March 19 upheld the election of Senator Ifeanyi Ubah, of the Young People’s Party, as senator for Anambra South Senatorial District.
On 17th January, 2020, an FCT High Court reaffirmed its earlier order sacking Ifeanyi Ubah as the senator representing Anambra South in the Senate.
But he faulted the judgement and immediately filed an appeal to challenge the court’s ruling.
