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HON. MKPANAM OBO-BASSEY EKPO & ANOR V. NGIM OKPOR KANU & ORS.

(2012) JELR 35212 (CA)

Court of Appeal  •  CA/C/NAEA/288/2011  •  7 Jan 2012  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; UZO I. NDUKWE-ANYANWU JCA; JOSEPH TINE TUR JCA;

Judgement

JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment): The Resident Electoral Commissioner, Cross River State (2nd Respondent) and the Independent National Electoral Commission (3rd Respondent) conducted elections into the Biase State Constituency of the Cross River State House of Assembly on the 26th day of April, 2011. Hon. Mkpanam Obo-Bassey Ekpo (1st Appellant) of the Action Congress of Nigeria (2nd Appellant) polled 5,468 votes while Ngim Okpo Kanu (1st Respondent) of the Peoples Democratic Party (4th Respondent) secured 25,157 votes. Ikenga S. Amang polled 1,393 votes while Ikpe Bassey Ikpe had 3,030 votes. The 2nd and 3rd Respondents returned the 1st Respondent as duly elected to represent the Biase State Constituency in the State House of Assembly, Cross River State. Being aggrieved the 1st and 2nd petitioners presented a petition before the National and State Houses of Assembly Election Tribunal holden at Calabar, Cross River State on 15-05-2011. Pleadings were filed and …

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