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OTU BASSEY EKPENTU V. MFAWA OFEGOBI & ORS.

(2011) JELR 33965 (CA)

Court of Appeal  •  CA/C/NAEA/198/2011  •  23 Sep 2011  •  Nigeria

Coram
UZO I. NDUKWE-ANYANWU JCA; JOSEPH TINE TUR JCA; ISAIAH OLUFEMI AKEJU JCA;

Judgement

JOSEPH TINE TUR, J.C.A: (Delivering the Leading Judgment): The 2nd and 3rd Respondents conducted election into the Yakurr One (1) State Constituency, Cross River State House of Assembly on the 26th April, 2011. The petitioner was sponsored by the Action Congress of Nigeria and polled 7451 votes at the election. The 1st Respondent of the Peoples Democratic Party was credited with 8920 votes. The 2nd and 3rd Respondents returned the 1st Respondent as the duly elected member of the House of Assembly, Cross River State to represent Yakurr One (1) State Constituency.

Being aggrieved the petitioner challenged the declaration by presenting a petition before the National and State House of Assembly Election Petition Tribunal holden at Calabar, Cross River State on 17-05-2011 . Parties filed their respective pleadings, 1st Respondent did so on 22-06-2011 while the 2nd-3rd and 4th Respondents filed theirs on 15-06-2011. Pleadings having been closed the 4th Respondent moved the Tribunal to decl…

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