The Senator representing Anambra South Senatorial District, Ifeanyi Ubah, on Friday evening filed an appeal at the Court of Appeal, Abuja, to challenge his sack from the upper legislative chamber.
A High Court of the Federal Capital Territory (FCT) had earlier on Friday sacked the chairman of the Capital Oil and Gas for alleged certificate forgery.
Justice Bello Kawu had declined to set aside his earlier judgement that nullified Ubah’s election for allegedly using a forged National Examination Council (NECO) certificate to contest the February 23, 2019 National Assembly election in Anambra South.
Ubah had approached the court to set aside its earlier judgement which he insisted was a grave miscarriage of justice.
In a four-ground of appeal filed by his team of lawyers led by Dr. Onyechi Ikpeazu (SAN), the lawmaker insisted that he was denied fair hearing by the lower court.
He told the appellate court that he was neither served with the originating processes nor hearing notice with respect to the suit that led to his sack from the Senate.
Besides, he claimed that the court lacked the territorial jurisdiction to hear and determine a pre-election matter that arose from election that took place in Anambra State.
Ubah argued that for the jurisdiction of the trial court to be properly invoked, he must be served with the relevant court processes.
He said: “The learned trial court erred in law by refusing to set aside its judgement in Suit No: FCT/HC/CV/3044/2018 by striking out Motion No: 1631/2019 on the grounds that the court processes in Suit No: FCT/HC/CV/3044/2018 were served on the Appellant, and therefore occasioned a miscarriage of Justice.”
He also faulted the court for dismissing his motion on the premise that it was brought beyond 180 days.
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