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HON. OKON NYONG EFFIOM & ANOR v. HON. EFFIOM ETIM OKON & ORS.

(2011) JELR 33960 (CA)

Court of Appeal  •  CA/C/NAEA/188/2011  •  12 Sep 2011  •  Nigeria

Coram
JA'FARU MIKA'ILU JCA; MASSOUD ABDULRAHMAN OREDOLA JCA; ISAIAH OLUFEMI AKEJU JCA;

Judgement

ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the National and State House of Assembly Election Petition Tribunal sitting at Calabar, Cross River State contained in the Ruling delivered on 15th July, 2011 dismissing Election Petition No. EPT/CR/SA/8/2011 filed by the Appellants as a result of the declaration by the 3rd Respondent on 27th April, 2011 that the election it conducted on 26th April, 2011 was won by the 1st Respondent.

By the said petition filed on 17th May, 2011, the Appellant as petitioners had sought the following:

"(a) A declaration that the election into the House of Assembly for Akpabuyo State Constituency held on 26th April, 2011 was invalid by reason of non-compliance with the provisions of Electoral Act, 2011 (as amended)

(b) A declaration that the election into the House of Assembly for Akpabuyo State Constituency held on 26th April, 2011 is null and void.

(c) An order that a fresh election be conduct into A…

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