Battle for Anambra South senatorial seat may shift to Appeal Court

By Adebisi Onanuga

 

The struggle for the Anambra South Senatorial seat between incumbent Senator Ifeanyi Ubah of the Young Progressive Party (YPP) and main opposition, Dr. Obinna Uzoh of the People’s Democratic Party (PDP) is not yet over.

Indications are that the battle for the senatorial seat may shift to the Court of Appeal soon.

This is in spite of decisions of Justice Bello Kawu of Federal High Court, Federal Capital Territory (FCT) Kubwa, Abuja delivered December 4, 2019 and January 17 on the matter.

The PDP candidate, Uzor  insisted during a chat with journalists in Lagos yesterday that the school leaving certificate of NECO submitted by Ubah  to the Independent National Electoral Commission (INEC) for the February 23, 2019 election was allegedly forged.  NECO had since affirmed the certificate to be genuine.

The examination body affirmed the authenticity of Ubah’s certificate after he had been sacked by the Federal High Court,  FCT, Abuja.

Uzoh had earlier filed a pre-election suit challenging the nomination of Ifeanyi Ubah , by his party, YPP, for the Anambra Senatorial District election.

In the suit, he had alleged that Ubah presented a forged National Examination Council (NECO) certificate to INEC.

Justice Bello Kawu of the High court sitting in Kubwa area of the Federal Capital Territory in his judgment on December 4, nullified Ubah’s election as the senator representing Anambra South, for allegedly using a forged NECO certificate to contest the senatorial election that held in the state on February 23, 2019.

The court had ordered INEC to withdraw the certificate of return issued to Ubah and issue a fresh certificate of return to the PDP candidate, Uzoh who came second in the election, as the senator-elect of the district.

Dissatisfy with the decision,  Ubah approached the court to set aside its judgment against him on grounds that he was not given fair hearing nor served with the court process and hearing notice in the suit.

Ubah asked the court for a stay of execution of the judgment.

Following his application for a stay of execution, Justice Kawu, on December 4, restrained the Senate President from swearing-in Uzoh, pending the hearing and determination of the motion challenging the verdict.

The court equally ordered all the parties, including the INEC to maintain the status quo ante bellum until it decides the merit in Ubah’s contention.

Read Also: Anambra Central and Umeh’s 17-month representation

On Friday, January 17, Justice Kawu held that Ubah’s application to vacate its judgment lacked merit and accordingly dismissed his application.

However, in a sudden twist, NECO wrote to the YPP leadership claiming that the NECO certificate  issued to Ifeanyi Ubah in 2003 was genuine.

But Uzoh disagreed with NECO and insisted that the certificate tendered by Ubah for the February 23, 2019 election for the senatorial district was allegedly  forged.

He maintained that a closer look at the NECO certificate which  Ubah had submitted to INEC and the one NECO validated showed that the certificates are different.

Uzor argued that  the serial numbers on the two certificates  are different.

“The initial certificate Ifeanyi Ubah submitted to INEC has serial no 303865920 while the NECO certified copy is 303565920.

“The certificates have different signatures, logos and even font.

“A comparison of these two documents glaringly shows differences in signatures, stamp, logo, typeset font and so on. If we take the NECO certificate released by the examination body as Ifeanyi Ubah’s certificate, then the initial one he submitted to INEC was indeed forged as declared by the Abuja High Court”, he stated.

But Ubah, when asked for his position on the matter responded: “Let them certify it and go to court and sue NECO.

“They are spreading photo-shopped letter… write to NECO or INEC. That’s photocopy effect.  Tell them to swear affidavit to that effect or go to NECO and ask.

“They said it was forged earlier now NECO said it was okay and they are using INEC photocopied copy to deceive people. Why not go to INEC and get them to certify the one they are using to deceive people…..

“They should wait for their waterloo in due time. Also you can approach INEC through phone to verify… Why are they afraid to approach NECO with their fact… They should swear affidavit and present it to the public like I did”, he said.

Ubah has however vowed to approach the Court of Appeal to set aside the judgment of Justice Kawu of the Federal High Court, FCT, following the validation of his certificate by NECO and in order to protect his mandate.

Dr. Uzoh, who the court ordered to be sworn in as the senator representing Anambra South Senatorial district, is  also leaving no stone unturned as he is  making efforts for the enforcement of the judgment of Justice Kawu in his favour.