The Senator representing the Southern Senatorial District of Anambra, Ifeanyi Ubah, on Friday night, filed an appeal with the Abuja Court of Appeal to challenge his sacking of the upper legislative chamber.
A Superior Court of the Federal Capital Territory (FCT) had dismissed on Friday the president of Capital Oil and Gas for alleged certificate falsification.
Judge Bello Kawu refused to overturn his earlier trial that overturned the Ubah election for allegedly using a forged National Examination Council (NECO) certificate to contest the National Assembly election of February 23, 2019 in Anambra South.
Ubah had contacted the court to overturn his earlier trial, which he insisted was a serious judicial error.
In a four-area appeal brought by his team of lawyers led by Dr. Onyechi Ikpeazu (SAN), the legislator insisted that his hearing was denied by the lower court.
He told the appellate court that he had not benefited from the original proceedings nor had to hear a notification about the process that led to his withdrawal from the Senate.
In addition, he claimed that the court had no territorial jurisdiction to hear and determine a pre-election issue that arose from the election that took place in Anambra state.
Ubah argued that in order for the court's jurisdiction to be properly invoked, it must be served in the relevant court proceedings.
He said: “The learned court of law made a mistake in law by refusing to set aside its judgment in case no: FCT / HC / CV / 3044/2018, canceling motion no: 1631/2019, claiming that the court sues in Case No: FCT / HC / CV / 3044/2018 were handed over to the applicant and therefore caused a miscarriage of justice. "
He also criticized the court for dismissing his claim, on the premise that the claim was taken beyond 180 days.
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