In his ruling, Justice Bello Kawu declined Ubah’s request to set aside the earlier order issued in a judgment delivered by the court on April 11, 2019.
The court had ordered INEC to issue certificate of return to Dr. Obinna Uzoh of the PDP, following Senator Ifeanyi Ubah’s sack. [The Sun]
Recall that Ubah of the Young Peoples Party (YPP), was sacked for allegedly submitting a forged National Examination Council (NECO) certificate to contest the February 23, 2019 senatorial election.
After sacking him from public office, the judge ordered the Independent National Electoral Commission (INEC) to withdraw the certificate of return issued to Ubah.
Justice Kawu directed INEC to issue a fresh certificate of return to Dr. Obinna Uzoh of the Peoples Democratic Party (PDP), who came second in the election.
Following the court’s initial ruling, Ubah subsequently filed an application before the court, praying for an order setting aside the judgment.
Ubah said he was not served with the court processes or the hearing notice, throughout the proceedings leading to the judgment.
On December 4, Justice Kawu granted an order of stay of execution, restraining the Senate President from swearing in Uzoh, pending the hearing and determination of Ubah’s application.
The judge also ordered all parties to the suit, including the electoral commission to maintain status quo in the meantime.
While Justice Kawu dismissed Ubah’s application for lacking in merit, he also struck out a motion another claimant to the PDP senatorial ticket, Chief Chris Uba filed, to be joined as an interested party in the substantive suit.