Alex Enumah in Abuja
The lawmaker representing Anambra South senatorial district in the red chambers yesterday said that despite refusing to vacate an order to replace him, he was still in his position and not sacked, adding that the FCT Court only refused to vacate its earlier ruling, which had since been faulted on the grounds of jurisdiction.
He explained that Justice Bello Kawu ruled on an application to vacate an earlier judgement of the court on the grounds of lack of jurisdiction and asked the parties to proceed to the Appeal Court.
He said, “The reports of my sacking from the Senate is not correct. I remain the substantive Senator representing Anambra South.”
Justice Bello Kawu of an Abuja High Court in Kubwa District of the Federal Capital Territory (FCT) yesterday, refused to set aside his earlier order sacking Ifeanyi Ubah as the senator representing Anambra South in the National Assembly.
Justice Kawu rejected the prayer while ruling on an application by Ubah seeking to set aside the order of his sack as senator representing the senatorial district.
Ubah, candidate of the Young Peoples Party (YPP) was declared winner of the February 23 senatorial election in Anambra South Senatorial District by the Independent National Electoral Commission (INEC) having won majority of the votes cast at the election.
But the court in a judgment delivered on April 11, 2019, had sacked Ubah for allegedly submitting a forged National Examination Council certificate to aide his qualification for the February 23, 2019 senatorial election.
The court in addition had ordered INEC to withdraw the Certificate of Return issued to Ubah as winner of the Anambra South Senatorial District election and a fresh one be issued to Dr. Obinna Uzoh of the Peoples Democratic Party (PDP), who came second at the poll.
However, Ubah while citing denial of fair hearing, approached the court to set aside the decision sacking him over alleged forgery.
He also claimed that the judgment occasioned a grave miscarriage of justice against him since he was not served with the court processes or the hearing notice throughout the proceedings leading to the judgment.
The court consequently on December 4, granted an order of stay of execution restraining the Senate President from swearing in Uzoh, pending the hearing and determination of Ubah’s application.
All parties to the suit including INEC were equally ordered to maintain status quo until the motion is heard and determined.
However, in his ruling on Ubah’s motion seeking to set aside his sack order, Justice Kawu held that the application lacked merit and consequently dismissed it.