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HON. BARRISTER JOSEPH EFFIONG ETENE v. HON. SAVIOUR OKON NYONG & ORS.

(2012) JELR 35209 (CA)

Court of Appeal  •  CA/C/NAEA/284/2011  •  26 Jan 2012  •  Nigeria

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

Judgement

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the National and State Houses of Assembly Elections Tribunal sitting at Calabar, (hereinafter to be called Lower Tribunal) delivered on the 11-11-2011 in election petition No.EPT/CR/SA/3/2011 presented by the Appellant before it. The Appellant had questioned the election conducted by the 2nd Respondent for the Bakasi State constituency, on the 26th April, 2011 and for which it declared and returned the 1st Respondent as the winner of the election.

At the trial of the petition the statements on oath of the Appellant's witnesses were adopted by them but on the objection by the Respondent on ground of non-compliance with the provisions of Section 13 of the oath's Act, the statements on oath were rejected by the Lower Tribunal and marked accordingly. Thereafter, the Lower Tribunal dismissed the Appellant's petition for want of evidence and the Appellant successfully challenged that decis…

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