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SMART KUFRE OBONG EKANEM & ANOR v. PAUL AKPAN OWO & ORS

(2011) JELR 33963 (CA)

Court of Appeal  •  CA/C/NAEA/194/2011  •  14 Sep 2011  •  Nigeria

Coram
MASSOUD ABDULRAHMAN OREDOLA JCA; JOSEPH TINE TUR JCA; ISAIAH OLUFEMI AKEJU JCA;

Judgement

MASSOUD ABDULRAHMAN OREDOLA, J.C.A. (Delivering the Leading Judgment): The election that led to this appeal was held on the 26th day of April, 2011. The 1st appellant who was sponsored by the 2nd appellant was a candidate who contested the House of Assembly election for Ini State Constituency, Akwa Ibom State. The 3rd respondent who conducted the said election declared the 1st respondent as the winner.

Petitioners were dissatisfied and filed their petition on 18th May, 2011. It was registered as No. EPT/AKS/HA/30/2011. The 1st respondent challenged the competence of the petition as a preliminary issue on the ground that the petition was filed outside the 21 day allowed by s. 285 (5) of the 1999 constitution of Federal Republic of Nigeria. Arguments thereon were duly taken by the tribunal and at the end of it all, the tribunal found that the date of declaration of result of the election was 26th April, 2011 and not 26th April, 2011 as alleged or claimed by the appellants. The tribunal…

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