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ARCHITECT EKONG ETUK V. OBONG AKPAN ISEMIN & ORS

(1992) JELR 34528 (CA)

Court of Appeal  •  CA/E/31/92  •  26 Mar 1992  •  Nigeria

Coram
UTHMAN MOHAMMED JCA; SYLVESTER UMARU ONU JCA; REIDER JOE JACKS JCA; JOSEPH DIEKOLA OGUNDERE JCA; UMARU ATU KALGO JCA;

Appearances
Chief Bayo Kehinde, S.A.N. (with him Chief Assam E. Assam, Dr. ArchibongEtuk, Nsini Umossoh Ekpenyong Ntekim, F. N. Effanga, Ekpa Ekpa and IniUdobong) For Appellant A. EkongBassey (with him U. A. Uno and Ubong Awa)sJames Essien, Esq. Attorney-General, Akwa Ibom State (with him U.Essang, Solicitor-General, A. B. Usen (Miss) Director Civil Litigation andO. E. Obot, State Counsel) For Respondent

Judgement

ONU, J.C.A. (Delivering the Leading Judgment): This is an appeal emanating from the judgment of the Governorship and Legislative Houses Election Tribunal sitting at Uyo. The judgment was delivered on February 6, 1992.

The brief facts of the case are as follows:-

The petitioner/appellant and the 1st respondent were candidates (at the December 14, 1991 Gubernatorial Elections in Akwa Ibom State on the platform of the Social Democratic Party (SDP)and the National Republican Convention (NRC) respectively. The petitioner/appellant (hereinafter in this judgment referred to as appellant simpliciter) having lost to the 1st respondent, whose running mate was the 2nd respondent, and they were both thus declared winners (as Governor and Deputy Governor respectively) at the said election organised by the 5th respondent (the National Electoral Commission (NEC) for short), whose agents were the 3rd and 4th respondents filed a petition dated 6th January, 1992 challenging the declaration in which a …

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