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CHIEF (HON.) BASSEY ETIM EDET v. DR. ESIO OQUONG UDO & ORS.

(2003) JELR 44944 (CA)

Court of Appeal  •  CA/C/NAEA/76/2003  •  6 Nov 2003  •  Nigeria

Coram
OKWUCHUKWU OPENE JCA; SIMEON OSUJI EKPE JCA; ISTIFANUS THOMAS JCA;

Judgement

OKWUCHUKWU OPENE, J.C.A. (Delivering the Leading Ruling): On the 12/4/03, there was a National Assembly election and the appellant, Chief Bassey Etim Edet, a candidate of All Nigeria Peoples Party (ANPP) contested the seat for Oron Federal Constituencey, Akwa Ibom State while the 1st respondent a candidate of the Peoples Democratic Party (PDP) and other candidates also contested the election and at the end of the election the 1st respondent was declared elected. It was as a result of this that the appellant filed an election petition at the Election Tribunal holding at Uyo, Akwa Ibom State challenging the election of the 1st respondent.

On 17/6/03, the petition was struck out by the Tribunal. Dissatisfied with the said ruling the appellant has appealed to this court.

The appellant filed two notices of appeal on 30/6/03 and 4/7/03, respectively.

On 8/9/03, the counsel for the 3rd -5th respondents filed a Motion on Notice praying this hon. Court for the following reliefs:

"An order d…

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