NTUFAM ETTA MBORA V. HON. VICTOR IKPEME & ORS

ABDU ABOKI, J.C.A. (Delivering the Leading Judgment): This appeal is against the interlocutory decision of the National Assembly and State Houses of Assembly Election Tribunal of Cross River State sitting in Calabar. Coram: I. W. Jauro J., A.A.G. Onibokun J., and M.E Njoku J., delivered on 19th August, 2015.

The Tribunal in its ruling dismissed the application made by the appellant who was the 1st respondent in the petition No. EPT/CR/NA/13/2015.

The appellant had sought the dismissal of the petition on the grounds of failure of the petitioner to activate the pre-hearing session by applying for issuance of prehearing notice as in form TF007 within the time stipulated in Paragraph 18(1) of the First Schedule to the Electoral Act, 2010 (as amended).

The petitioner reacted by filing a counter affidavit in opposition to the motion and accompanied same with a written address. The 3rd respondent in this appeal who was also the 4th respondent to the petition also opposed the application for the…