A Federal capital territory (FCT) high court sitting in Kubwa, Abuja, has nullified the election of Ifeanyi Ubah as Senator representing Anambra south.
In his judgement, 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 a suit filed by Uzoh challenging Ubah’s victory on the grounds that he (Ubah) presented a forged National Examination Council (NECO) certificate to INEC.
Ubah however approached the court to set aside the judgment, on the grounds that he was not given fair hearing.
According to Ubah,he was not served with the court process or hearing notice in the suit, before the court delivered the judgment against him.
The judge then, 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.
A motion brought by Chris Uba, another 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 Newsmen, 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 the FCT high court has no jurisdiction over the case which is a pre-election matter and so he will appeal the judgment.
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