Court Reserves Judgement On Ifeanyi Ubah’s Appeal

The Court of Appeal, Abuja has reserved judgment on an appeal filed by Ifeanyi Ubah of the Young Progressives Party (YPP), following his removal as senator by the Federal Capital Territory High Court, Kubwa, Abuja.

A three-man panel led by Justice Stephen Adah, presided over the hearing on Thursday.

Onyechi Ikpeazu represented Ifeanyi Ubah, while Anani Anacletus Chuka was represented by M.A Mohammed.

T.N Inuwa(SAN) represented the Independent National Electoral Commission (INEC) while H.A Olaniyi represented Obinna Uzor of the Peoples Democratic Party (PDP)

The FCT high court had nullified Ubah’s candidacy in the April 11, 2019, for allegedly submitting fake National Examination Council (NECO) Certificate to run for the February 23, 2019 senatorial election.

Ikpeazu told the court that his appeal was for hearing, but he added he wanted to withdraw two applications, to leave just one.

“My Lord, may we withdraw the applications filed on 3rd and 9th of March, 2020.

Counsels to the four respondents did not object to the appeal for withdraw.

The judge struck it out.

Furthermore, Anani’s counsel, Mohammed, said he filed a preliminary objection on February 28, 2020 challenging the hearing of the competence of the appeal filed by Ifeanyi Ubah.

“We urge this court to dismiss the appeal in it’s entirety as this court lacks the jurisdiction to hear this appeal.

But Ikpeazu told the court that he had filed a reply brief to the first respondents preliminary objection, adding the court should dismiss the objection.

The Obinna Uzor’s counsel, Olaniyi told the court he had also filed a preliminary objection on February 28, 2020, adding that the court should dismiss Ubah’s appeal.

But Ikpeazu said he had responded to the objection on 3rd March, adding that the court should dismiss the objection.

The judge then gave Ikpeazu the go ahead to start his appeal.

Ikpeazu said that his appeal was based on jurisdiction.

He prayed the appeal court to affirm that the lower court lacks jurisdiction to attend to the matter.

He also said that the originating summons used in the case were not original and was incompetent because it was not signed by any counsel.

He claimed that Anani went to bring a supplementary list that was signed.

“My Lord, we want the original file from the court,” he added.

But Mohammed responded that he filed a counter affidavit dated 6th March 2020, adding that the originating summons was duly issued by the registrar of the trial court and signed.

He also said that the applicant did not appeal the judgement of the lower court on April 11, 2019, which removed Ubah from the senatorial seat.

He also told the court that the judgement of the trial court was subsistent, and asked that the appeal be dismissed.

On his part, Olaniyi said he had countered the appeal of the applicant, on 6 March, adding the court should dismiss the appeal.

But Ikpeazu told the judge that he was relying on the original file, adding that the registrar of the lower court still had the files and he was in court.

The judge frowned at the registrar for holding the file and ordered him to summit it for documentation.

“You are not supposed to keep the original file with you,” the judge said.

“Judgment on this appeal is hereby reserved to another date,” the judge ruled.