Daily Trust - Sacked Senator Ifeanyi Ubah heads to appeal court
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Senator Ifeanyi Ubah

 

Sacked Senator Ifeanyi Ubah heads to appeal court

Senator Ifeanyi Ubah has faulted the judgement of the Federal Capital Territory High Court that sacked him as Senator representing Anambra South.

The senator said an appeal challenging the court’s ruling had already been filed by his team.

Justice Bello Kawu of an FCT High Court in Kubwa had, on Friday, reaffirmed its earlier order sacking Ifeanyi Ubah, the lone senator on the platform of Young Peoples Party (YPP), representing Anambra South.

In a statement by his Media Aide, Adichie Izuchukwu, Senator Ubah argued that, as provided in electoral Act, the FCT High Court had no jurisdiction, “as the matter in question is a post-election matter which only the Election Tribunal has the jurisdiction to hear and determine.”

The senator further argued that the court had breached his right to fair hearing by refusing to go into any of the issues raised by his lawyers.

According to the statement: “It is also imperative to note that Senator Ubah was not served with any of the Court processes and the endorsements and returns in the Court’s files confirmed this.

“The motion joining Obinna Uzoh, hearing notices, and even the judgment were not served on Senator Ifeanyi Ubah.

“Obinna Uzoh and Anani Cletus hid the judgment from April 2019 when it was delivered and did not take any step to bring the judgment before the election tribunal or Court of Appeal where Senator Ubah’s victory was reaffirmed by the Election tribunal and Court of Appeal.

“This kangaroo tactics adopted spell doom for our electoral process and the entire justice system if allowed to stand.

“All these points and more, including the criminal nature of the allegation, were presented to the Court during the hearing of Senator Ubah’s application to set aside the earlier judgment on the ground that it was a nullity.

“However, the Court surprisingly and yet again, denied Senator Ubah his right to fair hearing by refusing to go into any of the issues raised by his lawyers but only held that his application to set aside the null judgment of the Court was statute barred on the basis that the 180 days for pre-election matters had elapsed.

“The Court also failed to consider the recent Supreme Court decision in Appeal No. SC/1384/19 between Uche Nwosu vs Action Peoples Party, which his lawyers tendered to the Court in respect to the objections raised by Obinna Uzoh’s lawyer; where the Supreme Court held that the limitation of time will not affect, void and null void action.

“The Court failed to appreciate our arguments that the reliefs sought by Obinna Uzoh’s lawyer in his written address were filed after the election and was therefore a post-election matter to which the 180 days time limit would not even apply. Again, on service, the Court did not provide any basis for its position that Senator Ubah was served.”

Ubah, however, called on his supporters not to be agitated but remain calm as he was confident that he will surely have his day at the Court of Appeal.

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Senator Ifeanyi Ubah

 

Sacked Senator Ifeanyi Ubah heads to appeal court

Senator Ifeanyi Ubah has faulted the judgement of the Federal Capital Territory High Court that sacked him as Senator representing Anambra South.

The senator said an appeal challenging the court’s ruling had already been filed by his team.

Justice Bello Kawu of an FCT High Court in Kubwa had, on Friday, reaffirmed its earlier order sacking Ifeanyi Ubah, the lone senator on the platform of Young Peoples Party (YPP), representing Anambra South.

In a statement by his Media Aide, Adichie Izuchukwu, Senator Ubah argued that, as provided in electoral Act, the FCT High Court had no jurisdiction, “as the matter in question is a post-election matter which only the Election Tribunal has the jurisdiction to hear and determine.”

The senator further argued that the court had breached his right to fair hearing by refusing to go into any of the issues raised by his lawyers.

According to the statement: “It is also imperative to note that Senator Ubah was not served with any of the Court processes and the endorsements and returns in the Court’s files confirmed this.

“The motion joining Obinna Uzoh, hearing notices, and even the judgment were not served on Senator Ifeanyi Ubah.

“Obinna Uzoh and Anani Cletus hid the judgment from April 2019 when it was delivered and did not take any step to bring the judgment before the election tribunal or Court of Appeal where Senator Ubah’s victory was reaffirmed by the Election tribunal and Court of Appeal.

“This kangaroo tactics adopted spell doom for our electoral process and the entire justice system if allowed to stand.

“All these points and more, including the criminal nature of the allegation, were presented to the Court during the hearing of Senator Ubah’s application to set aside the earlier judgment on the ground that it was a nullity.

“However, the Court surprisingly and yet again, denied Senator Ubah his right to fair hearing by refusing to go into any of the issues raised by his lawyers but only held that his application to set aside the null judgment of the Court was statute barred on the basis that the 180 days for pre-election matters had elapsed.

“The Court also failed to consider the recent Supreme Court decision in Appeal No. SC/1384/19 between Uche Nwosu vs Action Peoples Party, which his lawyers tendered to the Court in respect to the objections raised by Obinna Uzoh’s lawyer; where the Supreme Court held that the limitation of time will not affect, void and null void action.

“The Court failed to appreciate our arguments that the reliefs sought by Obinna Uzoh’s lawyer in his written address were filed after the election and was therefore a post-election matter to which the 180 days time limit would not even apply. Again, on service, the Court did not provide any basis for its position that Senator Ubah was served.”

Ubah, however, called on his supporters not to be agitated but remain calm as he was confident that he will surely have his day at the Court of Appeal.

texem
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