SENATOR ALOYSIUS ETUK & ORS. V. DR. ANNY T. ASIKPO & ORS.

JOSEPH TINE TUR, J.C.A.: Three Appeals have emanated against the ruling of the National Assembly/Legislative Houses Election Tribunal holden at Uyo, Akwa Ibom State delivered on the 29th day of November, 2011.

The facts are that the Independent National Electoral Commission conducted elections for Akwa Ibom West Senatorial in the National Assembly on the 9th day of April, 2011. Senator Aloysius Akpan Etuk of the Peoples Democratic Party was returned as duly elected having polled 383, 607. Dr. Anny T. Asikpo of the Congress for Progressive Change polled 9,172. There were other candidates at the election who are lot aggrieved with the declaration or returns hence are not parties in this appeal.

Being aggrieved with the decision of INEC, Dr. Anny T. Asikpo and the Congress for Progress Change presented a petition before the tribunal on 30-04-2011. Upon filing and exchange of pleadings a preliminary objection to the competence of the petition was raised by the 1st and 2nd respondents. Hav…