Cookie Policy
MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): The Appellant and the 1st Respondent had along with other candidates, contested the election conducted by 4th Respondent on the 26-04-2011 for the Akwa Ibom North East Senatorial District. At the end of the polls, the Appellant was declared and returned as the winner of the election by the 4th Respondent and being aggrieved by the return, the 1st Respondent questioned the election by presenting an election petition before the National and State Houses of Assembly Election Petition Tribunal, sitting at Uyo (to be called the tribunal hereafter). The petition was presented on the 17-05-2011.
The Tribunal suo motu raised the issue of compliance with paragraph 18(1) of the 1st Schedule to the Electoral Act, 2010 and after hearing addresses from the learned Counsel for the parties, dismissed the petition on the 08-08-2011 on the ground that it was abandoned. Being dissatisfied with that decision by the tribunal, the 1st Respond…