ELEMI ELE IKE V. EDOGI EKONO ENANG & ORS

EKPE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Local Government Election Tribunal of Cross River State sitting at Calabar, delivered on the 6th of February, 1999, in favour of the 1st respondent. The appellant was a candidate for the councillorship election for Imabana Ward II of Abi Local Government Area of Cross River State on the ticket of All Peoples Party (A.P.P.), while the 1st respondent was the councillorship candidate of the People Democratic Party (P.D.P.). The election was held on the 5th of December 1998. At the end of the election, the appellant was declared the winner and was accordingly returned as elected. The 1st respondent/petitioner filed an election petition at the Election Tribunal challenging the election result and the return of the appellant. The petitioner claimed that he scored the majority or the lawful votes cast at the election: that the 500 (five hundred) votes cast at Ikpalegwa play ground polling unit No.CR…