ISAIAH OLUFEMI AKEJU, J.C.A (Delivering the Leading Judgment): This appeal is against the judgment of the National and State House of Assembly Election Tribunal Holden at Calabar (hereinafter called the Tribunal) delivered on 29th September, 2011 in respect of Election Petition No. EPT/CR/NA/1/2011, filed by the appellant as a result of his dissatisfaction with the result of the election conducted by the 2nd and 3rd respondents for the House of Representative seat of Akampa/Biase Federal constituency on 9th April, 2011.
The appellant, the 1st respondent and other persons not involved in this appeal contested the election. The appellant was the candidate of the Action congress of Nigeria while the 1st respondent carried the banner of the peoples Democratic Party, and at the conclusion of the election, the 3rd respondent declared the 1st respondent as the winner of the election with 40,252 votes while the appellant was credited with 7,068 votes. The result also showed that other candida…