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DICKSON IFIOK INYANG ACTION CONGRESS OF NIGERIA (ACN) V. HON. IFIOK ANIETIE ETUK THE PEOPLES DEMOCRATIC PARTY (PDP) THE INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)

(2012) JELR 54670 (CA)

Court of Appeal  •  CA/C/NAEA/291/2011  •  26 Jan 2012  •  Nigeria

Coram
MOHAMMED L. GARBA JCA (Presided and Read the Lead Judgment) UZO I. NDUKWE-ANYANWU JCA JOSEPH TINE TUR JCA

Appearances
S. C. Peters Esq. - for the Appellant. -*- Enobong Etteh Esq. (with him, Aduojo Abah;Chinedu Mgbeahurike; Promise Asikpo) - for the 1st Respondent. -*- David Okonkon - for the 2nd Respondent. -*- Johnson Obot - for the 3rd Respondent.

Judgement

GARBA JCA (Delivering the Lead Judgment): On 7 January 2012, I had dismissed this appeal summarily for reasons which I reserved for a later date. I would now give my reasons for that decision, but before then, I would in brief, state the facts from which the appeal arose as borne out by the printed record before us. The appellant and the 1st respondent were candidates, among others, who contested the election conducted by the 3rd respondent for the Nsit Ibom State Constituency of Akwa Ibom State on 26 April 2011. They were sponsored by their respective political parties;the 2nd appellant and the 2nd respondent for the election at the end of which, the 1st respondent was declared and returned as the winner. Not satisfied with the return, the appellantspresented an election petition before theNational and State Houses of Assembly Election Tribunal, sitting at Uyo (to be called the tribunal after now) in which they questioned the election. The petition was presented (filed) on 17 May 2…

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