On 1st April 2019, YPP held that the said Obinna Uzoh purportedly filed a counter-affidavit and Written Address to the Originating Summons and that on 11th April 2019, Justice Kawu purportedly delivered Judgment in Suit No: FCT/HC/CV/3044/2018 dismissing the claimant’s reliefs but surprisingly granted the reliefs sought by the said Obinna Uzoh in his final written address even though Obinna Uzoh upon his joinder did not file a counterclaim or a cross-claim as a respondent seeking the reliefs purportedly granted to him by the judge.
The party said it became aware of the said judgment in October 2019 when Obinna Uzoh sought to enforce the judgement he purportedly obtained on 11th April 2019 at INEC, a period of over six months from the date the said judgment was purportedly delivered.
According to the party, Senator Ifeanyi Ubah instructed his legal team led by Dr Onyechi Ikpeazu (SAN) to file an application before the court to set aside its judgment that was delivered without jurisdiction and in breach of the parties’ right to a fair hearing and that, on January 17, 2020, the trial court dismissed the application.
Consequent upon the dismissal, Ubah filed a Notice of Appeal on 20th January 2020 and that while his counsel was preparing the Appellant’s Reply Brief, realized that the Originating Summons in the record of appeal was not signed by any counsel as required by law.
Ubah, through his counsel, filed a motion on March 3, 2020, praying the Court of Appeal to strike out the Originating Summons as being incompetent and to dismiss the Appeal.
At the hearing of the appeal, counsel to the claimant indicated to the Court of Appeal that they intended to produce a signed Originating Summons and the party “Consequently applied for fresh Certified True Copy of the Original court file containing all the Court Processes and the Chief Registrar issued us with a Certified True Copy of the Originating Summons as well as the payment receipts and Bank tellers issued in this matter.
“In the course of the certification, we realized that the date on the court copy of the Aso Savings Deposit Slip with Teller No: 0148979, and the Revenue Receipt with Receipt No: 11643044 and Revenue Receipt No: 0148979 covering the payment of filing fees for the Originating Summons were mutilated to bear 19/10/2018 as the date of payment.
“We became curious and agitated as to the mutilation of dates on the receipts and we applied to the Chief Registrar of the FCT High Court for a confirmation of the date the filing fee for the Originating Summons in suit No: FCT/HC/CV/3044/2018 was paid”, the party alleged.
The petitioner said the Chief Registrar of the FCT High Court, confirmed that payment for filing of Originating Summons in suit No. FCT/HC/CV/3044/2018 with Receipt No: 11643044 and Teller No: 0148979 in the sum of N4,300.00 was made on September 25, 2019, by Aroh Ifunanya for a matter in which judgment was purportedly delivered on April 11, 2019.
The petitioner said it confirmed also that all other processes filed in the suit were all paid for after the purported judgment of Justice Bello Kawu was delivered on April 11, 2019.
It alleged that “At the time the Judgment in Suit No: FCT/HC/CV/3044/2018 was purportedly delivered by Justice Bello Kawu on 11th April 2019, the suit had not been filed and did not exist.
“The date of filing of this action is also shown in the unmutilated receipt with Receipt No: 11643044 and Aso Savings and Loans Teller with Teller No: 0148979, issued by the Registry of the High Court of the FCT.
“We further investigated the seal of the Nigerian Bar Association (NBA) affixed on the processes by counsel to the 1st Respondent named Aroh Ifunanya Esq with enrolment No: SCN 101933 attached to the Written Address in support of the Originating Summons dated 19th October 2018, as well as seal of one Eziafa Samuel Enwedo in a Motion for Substituted Service, dated 3rd December 2018, all bore an expiration date of March 2020, being aware that NBA seals have a life span of only one year, we wrote a to the General Secretary of the NBA on March 6, 2020, to confirm the date of issuance of the seal affixed by Aroh Ifunanya as well as Eziafa Samuel Enwedo on the said aforementioned.
“The NBA, in its response, stated that the stamp utilized by Ifunanya Nwando Aroh which was inserted in the written address in support of Originating Summons was produced under batch 137 on the 20th August 2019 and the seal of Eziafa Samuel Enwedo inserted in motion for substituted service dated 3rd December 2018 was produced under batch 150 on 11th September 2019, meanwhile, the judgment was purported to have been delivered on 11th April 2019.
“It follows that as at the time the Originating Summons was purportedly commenced on 19th October 2018 and up to when Judgment was delivered in suit No: FCT/HC/CV/3044/2018, the stamp and seal with enrolment No: SCN 101933 utilized in the Originating Summons by Ifunanya Nwando Aroh was non-existent as same had not been produced and duly issued by the NBA. This is impossible”, YPP alleged.
The petitioner alleged that from the documents received from the Registry of the FCT High Court, all processes filed in the suit were backdated by the Plaintiff with the active connivance of Justice Kawu who also backdated his judgement to a time when the suit had not been filed.
“That it was discovered that on the 6th of September 2019 the same Claimant in the cloned CV/3044/2018 had filed a suit with Suit No. CV/2829/2019 between Anani Anacletus v Ubah Ifeanyi & Ors that was identical in all ramifications with the cloned CV/3044/2018 which was assigned to Justice Babangida of the FCT High Court.
“That the proper suit numbered, CV/3044/2018 is S & M Holdings Limited v Persons Unkown which is before the Kwali division of the FCT High Court. That the Register used for allocation of cases was mutilated to superimpose the name of Anani Anacletus v Ubah Ifeanyi & Ors over the existing name of S & M Holdings Limited V Persons Unknown that was hitherto on the register, but a careful perusal of the register will disclose the fraud.
“That the proper suit number for Anani Anacletus Chuka v Ubah Ifeanyi & Ors is No.CV/2829/2019 which was superimposed on the cloned CV/3044/2018 with the active connivance of Justice Bello Kawu and other staff of the FCT judiciary.
“The purport of the entire scheme of Justice Kawo and the other counsel who participated in the act was to make an already statute-barred post-election suit a pre-election matter with a view to un-sit a duly elected Senator. The essence was to first create the impression that the suit was filed within the 14days from the accrual of the cause of action as provided by the constitution and secondly, to make it impossible for Senator Ubah to appeal against the said judgment as time within which to do so would have elapsed.
“The entire record of proceedings signed by Justice Kawu was contrived as Justice Bello Kawu never sat at all over the suit and the purported judgment was not a product of any judicial proceeding but a product of judicial collusion as no suit had been filed on the dates contained in the record of proceedings.
“That the whole charade was done in September 2019 and justifies why the beneficiary of the judgment did not take any step to be sworn in at the 11th June 2019 swearing-in of 109 Senators of the 9th Senate of Federal Republic of Nigeria”, the party held.
The party then called on the NJC, to investigate and properly discipline Hon. Justice Kawu for his alleged misconduct to protect the integrity of the judiciary