A federal capital territory (FCT) high court in Kubwa, Abuja, has nullified the election of Ifeanyi Ubah as the senator representing Anambra south.
Bello Kawu, the judge, 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.
The court had in 2019 given the same pronouncement in the suit filed by Uzoh challenging Ubah’s victory on the grounds that he (Ubah) presented an alleged forged National Examination Council (NECO) certificate to INEC.
But Ubah approached the court to set aside the judgment, saying he was not given fair hearing.
He said he was neither served with the court process nor hearing notice in the suit, before the court delivered the judgment against him.
Consequently, the judge ordered a stay of execution on December 4, restraining the senate president from swearing in Uzoh, pending the hearing and determination of the motion challenging the verdict.
Ruling on Ubah’s application at the resumed court session on Friday, the judge held that his application to vacate its judgment lacked merit, and accordingly it was dismissed.
Another motion brought by Chris Uba, claimant to the PDP senatorial ticket, seeking to be joined as an interested party in the substantive suit marked CV/3044/2018, was also dismissed.
Speaking with journalists Ubah said he is still the senator representing Anambra south because the election petition tribunal and the appeal court had affirmed his election.
He said the case at the FCT high court is a pre-election matter that the court has no jurisdiction over. But he said he was going to appeal against the judgment.