IKECHI FRANCIS OGBUAGU & ALL NIGERIA PEOPLES’ PARTY (ANPP) V. HON OROK OTU DUKE & 5 ORS

OMOKRI JCA (Delivering the Lead Judgment): This is an appeal against the decision of the National Assembly/Governorship/Legislative Houses Election Tribunal, (hereinafter called the tribunal) sitting at Calabar delivered in petition No. EPT/HA/C/4/2007, on 1 December 2007.

The tribunal had dismissed the petition of the appellants challenging the return of the 1st respondent as the member representing the Calabar South 1, State Constituency in the Cross River State House of Assembly in the election that took place on Saturday, 14 April 2007, for failure of the appellants to join necessary parties to the petition.

The State House of Assembly election was conducted nation wide on 14 April 2007. The 1st respondent who had won the primaries on the Peoples’ Democratic Party (PDP), was nominated to contest the election into the Calabar South 1, State House of Assembly. The 1st appellant contested under the All Nigeria Peoples’ Party (ANPP). The Action Congress(AC), the National Democratic …