BY LEVI JOHNSON
The Court of Appeal sitting in Abuja has returned Ifeanyi Ubah as Senator, as it voided the April 11, 2019 judgment of the High Court which sacked him as Senator for Anambra South senatorial district.
A three-man panel of the court, led by Justice Stephen Adah, was unanimous that the judgement delivered by Justice Bello Kawu, was a nullity on the grounds that the originating process was incompetent having not been signed by a lawyer as required.
And that the judgment was given without jurisdiction, and that Ubah was denied fair hearing by the FCT High Court.
Justice Adah said since the cause of action arose in Anambra State, the FCT High Court was without the requisite territorial jurisdiction to have entertained the case.
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The two other members of the panel agreed with Adah and held the position of the judgement.
Adah said from the record of proceedings before the FCT High Court, there was no evidence that Ubah was served with processes in relation to the case.
He added that the originating summons was not signed by any lawyer as required by the Rules of the High Court of the FCT.
Justice Adah, therefore, sets aside the judgment and also granted a perpetual injunction restraining the Clerk of the Senate and the Independent National Electoral Commission (INEC) from acting on the April 11, 2019 judgment which has been voided for being a nullity.