ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling of the National and State House of Assembly Election Petition Tribunal Holden at Calabar, Cross River State (hereinafter called the Tribunal) delivered on 9th August, 2011 by which the petition filed by the appellant before the Tribunal was dismissed.
The appellant and the 1st respondent were candidates at the election conducted by the 2nd respondent on 26th April, 2011 into the Akampa II Constituency seat of Cross River State House of Assembly and at the end of which the 2nd respondent declared the 1st respondent as the winner of the election and the candidate that was duly returned. The appellant who was dissatisfied with the declaration filed Election Petition No.EPT/CR/SA/14/2011 before the Tribunal and same was served on the respondents.
The 1st respondent filed his reply to the Petition on 10th June, 2011, but the 2nd and 3rd respondents did not file any reply within the statutory …