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HON. JOSEPH EFFIONG ETENE V. HON. SAVIOUR OKON NYONG & ORS.

(2011) JELR 49242 (CA)

Court of Appeal  •  CA/C/NAEA/202/2011  •  23 Sep 2011  •  Nigeria

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

Judgement

UZO NDUKWE-ANYANWU,J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of the Tribunal holden at Calabar. The appellant was the Petitioner at the tribunal and the respondents were also the respondents at the Tribunal. The 1st respondent at the tribunal in a motion on notice prayed the court for the following reliefs.

1. An order dismissing this Petition No: EPT/CR/SA/2011 as incompetent for failure to comply with the provision of the Electoral Act 2011 (as amended).

In the alternative

2. An order strking out as incompetent the written statements on oath of Hon. Joseph Etene, Chief Eneyo Eyo, Hon. Ari Esim, Mr. Christopher Okon, Chief Emmanuel Etene and Hon. Esemin Ekpenyong filed in this petition.

3. And for such further Order(s) as this Tribunal may deem fit to make in the circumstances of this case.

The issues raised by the 1st respondent for consideration was;

1. Whether failure by the Petitioner to plead the result to consider authentic for Bakassi Sta…

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