A Court of Appeal sitting in Enugu, on Wednesday July 3rd, 2019, upheld the appeal filed by Senator Patrick Ifeanyi Ubah in Suit No: CA/E/253/19, against the decision of the Federal High Court, Awka Division judgment presided over by Hon. Justice I B Gafai in Suit No; FHC/AWK/CS/29/2019 which amongst others, ordered INEC to investigate Senator Ubah for electoral violence in the recently concluded Senatorial election for Anambra South Senatorial District.
The Appellate Court, on Wednesday in its judgment agreed with the submissions of the learned Senior Advocate representing Senator Ifeanyi Ubah and held that the Federal High Court has no jurisdiction in post election matters.
Hon. Justice Ignatius Igwe Agube JCA, who presided and delivered the lead judgment of the Appellate Court, further held that only the election petition tribunal is competent to hear and determine post election disputes including issues bothering on alleged acts of electoral violence.
The Court further deprecated the tactics adopted by Counsel to Chris Uba in commencing the action at the Federal High Court, and held that such an action amounts to legal ambush. The Court of Appeal consequently set aside the judgment of the Federal High Court and dismissed the suit of Chris Uba.
The Nigerian Police in its report also dismissed the claims of Chris Uba as all evidence tendered by the investigation committee proved that Senator Ifeanyi Ubah won Chris Uba in a free and fair contest, refuting every allegation of violence and manipulation leveled by Chris Uba.
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