A division of the Federal High Court, Abuja, yesterday restrained the Independent National Electoral Commission (INEC), from giving effect to the judgment of another division of the Court at FCT directing the commission to issue a Certificate of Return to Obinna Uzor ,as the Senator representing Anambra South.
Justice Taiwo Taiwo, issued the restraining order after listening to submissions made by Counsel to Senator Ifeanyi Ubah, Charles Ndukwe.
The court ruled that the electoral body and the other defendants could not proceed to comply with the order of the FCT High Court in defiance to the subsisting judgments of the National Assembly Elections Tribunal and the Court of Appeal, which had affirmed Senator Ubah as the Senator representing Anambra South Senatorial District at the National Assembly.
Justice Taiwo, held that the Court of Appeal is the final court on issues pertaining to the declaration of Ubah as the duly elected Senator for Anambra South Senatorial District.
The judge further held that by the provisions of Section 246[3], 285[2] of the Constitution and the doctrine of hierarchy of Courts, the defendants cannot proceed to comply with the judgment of the FCT High Court in Suit No CV/3044/18, in defiance of the subsisting judgment of the Elections Petitions Tribunal No. EP/AN/SEN/11/2019, which have been affirmed by the Court of Appeal in appeal No. CA/E/EAPP/20/2019, Uba Christian C. vs INEC and 10 others.
Besides, the court held that the Court of Appeal is the final court on issues pertaining to the declaration of the plaintiff [Ubah] as the duly elected Senator for Anambra South Senatorial District.
Justice Taiwo further held that INEC and the other defendants in the suit, INEC, clerk of the National Assembly, Clerk of the Senator and Obinna Uzor ,cited as the 1st to 4th defendants respectively are bound to comply with the latter judgment of the Election Petitions Tribunal and Court of Appeal delivered on 9th September 2019 and 29th October, 2019 respectively affirming the election of Ubah and not the earlier judgment of the FCT High Court delivered on April 11th 2019.
He accordingly, made a declaration that the 1st defendant [INEC] ,has no power to ignore the post-election judgment of the election tribunal in petition No. EPT/AN/SEN/20/2019- Uba Christian C. VS INEC and 10 others in preference for the post-election judgment of the FCT High Court in suit No. CV/3044/18.
“A declaration that the defendants are bound by the decision of the Election Petitions Tribunal in petition No. EPT/AN/SEN/20/2019 as affirmed by the Court of Appeal in appeal No. CA/E/EAPP/20/2019, Uba Christian C. Vs INEC and 10 others and therefore, obliged to ignore the judgment of the FCT High Court in suit No. CV/3044/18.
“An order of perpetual injunction restraining the defendants from giving effect to the judgment in suit No. CV/3044/18 given the subsistence of the judgment of the Election Petition Tribunal in petition No. EPT/AN/SEN/11/2019 as affirmed by the Court of Appeal in appeal No.CA/E/EAPP/20/2019, Uba Christian C. VS. INEC and 10 others.
“An order directing the defendants to obey and give effect to the judgment of the Court of Appeal delivered in appeal No. CA/E/EAPP/20/2019, Uba Christian C. VS. INEC and 10 others and affirming the plaintiff as the winner of the election conducted for the Anambra South Senatorial district conducted on February 23, 2019.”
In an affidavit deposed to by Senator Ifeanyi Ubah in support of the originating summons, he averred that Obinna Uzor, a member of the Peoples Democratic Party [PDP] ,was not an aspirant in the primary of his party the Young Peoples Party [YPP] for Anambra South Senatorial District and was surprisingly joined as a party in the suit before the FCT High Court on April 1, 2019.
The judge stated that the judgment of the FCT High Court is in conflict with the decision of the election tribunal delivered on September 9 as upheld by the Court of Appeal on October 29, 2019 ,and which had affirmed him as the duly elected Senator representing Anambra South Senatorial District.
