MR. ESTATE W. ASINYA REV. OTU EKPO WILLIAMSON V. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) THE RESIDENT ELECTORAL COMMISSIONER, CROSS RIVER STATE LADY B. K. AHUMIBE MR. DONALD D. DUKE ELDER WALTER ENEJI

AKAAHS JCA (Delivering the Lead Judgment): The main issue in A this appeal revolves around the decision taken by the Independent National Electoral Commission (INEC) in substituting the names of the appellants sponsored by the All Progressive Grand Alliance (APGA) with those of Dr. P. S. Odey and Chief Effiong Okon Ekong as candidates for Governor and Deputy Governor respectively of Cross River State in the election held on 19/4/2003. In the petition dated 16th May, 2003 which was signed by the petitioners now appellants in this appeal they claimed that they had a right to contest the office of the Governor and Deputy Governor of Cross River State respectively and were qualified to bring the petition in compliance with section 134(1)(d) of the Electoral Act. On being served with the petition and without filing a reply thereto, learned counsel for the 4th and 5threspondents brought a motion to strike out the petition as incompetent on the ground that the Tribunal lacked jurisdiction …