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IBANGA SUNDAY STEPHEN IBANGA & ANOR. V. INDEPENDENT NATIONAL ELECTORAL & ORS.

(2011) JELR 34653 (CA)

Court of Appeal  •  CA/C/NAEA/GOV/171/2011  •  9 Sep 2011  •  Nigeria

Coram
JA'FARU MIKA'ILU JCA; MASSOUD ABDULRAHMAN OREDOLA JCA; ISAIAH OLUFEMI AKEJU JCA;

Appearances
K.A. Oluigbo Esq., For Appellant Ben Osaka Esq., Jacob Akpong Esq., Chief Bayo Ojo SAN,Adebayo Adenipekun, SAN,Chief Duro Adeyele, SAN,Chief Victor Iyanam,Uwemedimo Nwoko, Esq., Oluwashina Ogungbade Esq., Salman A. Salman, Esq.,Edgerton Onah, Esq.,Alex Owoeye Esq.,Ubong Offiong, Esq.,Utibe Nwoko, Esq and O. Agbo Esq.,Adekunle Oyesanya Esq.,Dominic Okon Esq.,Edet Bassey Esq.,Emmanuel O. Akpan Esq., For Respondent

Judgement

MASSOUD ABDULRAHMAN OREDOLA, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the Governorship Election Tribunal holden at Uyo, Akwa Ibom State, contained in the ruling delivered on 14th July, 2011 wherein the tribunal dismissed the petition of the appellants on the ground that the petition has been abandoned pursuant to Paragraph 18(4) of the First Schedule to the Electoral Act, 2010 (as amended).

The appellants were dissatisfied with the decision and filed their notice of appeal on 18th July, 2011 containing three grounds of appeal. The appellants as 1st and 2nd petitioners filed Election Petition No. EPT/AKS/GOV/08/2011 at the Governorship Election Tribunal, Uyo, Akwa Ibom State on 4th May, 2011 in respect of the election for the office of the Governor of Akwa Ibom State conducted by the 1st respondent and held on 26th April, 2011 and at the end of which the 1st respondent declared the 2nd respondent as the elected Governor. The record of appeal show…

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