A sacked senator, Ifeanyi Ubah of the Young Progressives Party (YPP) has filed an appeal against Friday’s judgement of the Federal Capital Territory High Court in Bwari that sacked him as a lawmaker.
He disclosed this to journalists on Saturday where he also said he has filed an injunction for Stay of Execution on the judgement pending the determination of his appeal at the Court of Appeal in Abuja.
A Stay of Execution is a court order to temporarily suspend the execution of a court judgment or other court order.
Justice Bello Rawu had ordered the Independent National Electoral Commission (INEC) to withdraw the certificate of return issued to Mr Ubah and to issue a fresh certificate to the candidate of the Peoples Democratic Party (PDP), Obinna Uzoh, who came second in the election, as the senator-elect of the district.
Mr Ubah who described the judgement as a “mere distraction”, maintained that he is still a senator.
“I have appealed against the judge’s refusal to set aside the judgement. I have also filed an injunction for stay of execution.
“I have absolute confidence that the court of Appeal will do Justice and set aside the judgement”, he told journalists.
He also faulted the judgement on multiple grounds.
For him, the FCT High Court lacked the “territorial jusrisdiction” to entertain a matter that arose from Anambra South senatorial election primaries.
The mischief of filing the case against him in Abuja and not in Anambra was to ensure that he and Chris Uba of the PDP were not aware of the proceedings, he said.
“In fact, Chris Uba filed an application asking the court to be joined as he was the authentic candidate of the PDP as confirmed by INEC,” he said.
Mr Ubah also complained that the FCT High Court lacked the jusrisdiction as the matter in question was a post-election matter already settled at the electoral tribunal and the Court of Appeal that gave him victory against Mr Uba.
He expressed shock that contrary to Section 285(13) of the 1999 Constitution, the court granted the wish of Obinna Uzoh who was not even a candidate in the February 23 election and did not go through the entire stages of the election as the winner of the election.
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Mr Ubah said even more shocking was that he was not at any time served in any of the court processes thereby infringing on his right to fair hearing.
On the criminal allegation that his National Examination Council (NECO) certificate was forged, Mr Ubah said the court did not summon any staff of NECO, or any other appropriate authority confirming his NECO certificate as fake, hence “there was no proof beyond reasonable doubt on the allegation of falsification of NECO certificate.
He said this “kangaroo tactics” adopted spells doom for the electoral process and justice system if allowed to stand.
Mr Ubah however called on his supporters not to be agitated but remain calm as he was confident of being vindicated.
Friday’s court judgment reaffirms the pronouncement the court had given in 2019.
The order was given in the suit filed by Mr Uzoh challenging Mr Ubah’s victory on the grounds that he (Mr Ubah) presented a forged NECO certificate to INEC.