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CAPT. ENO UTUM INAH (RTD.) & ANOR v. MR. ETENG JONAH WILLIAMS & ORS

(2016) JELR 37104 (CA)

Court of Appeal  •  CA/C/NAEA/287/2015  •  8 Jan 2016  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA; ONYEKACHI AJA OTISI JCA; PAUL OBI ELECHI JCA;

Judgement

ONYEKACHI AJA OTISI, J.C.A. (Delivering the Leading Judgment): ?In the election into the Cross River State House of Assembly, Yakurr 11 State Constituency which held on April 11 and 25, 2015, the 1st Appellant, representing the 2nd Appellant, and 1st Respondent, representing the 3rd Respondent, were candidates. The 1st Respondent was declared winner of the election on April 25, 2015. Dissatisfied with this result, the Appellants filed a petition before the National Assembly and State Houses of Assembly Election Tribunal, Calabar on the grounds that:

i) The 1st Respondent was not qualified to contest as at the time of the election;

ii) The election was marred by reason of corrupt practices and non-compliance with the provisions of this Act;

iii) The 1st Respondent was not duly elected by majority of lawful votes cast at the election.

The Appellants then sought the following reliefs:

i) That it may be determined and doth declared that the 1st Respondent was not qualified to contest the ge…

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