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RAY APIE NANDI & ANOR V. JACOB OTU ENYIA & ORS

(2011) JELR 33959 (CA)

Court of Appeal  •  CA/C/NAEA/186/2011  •  9 Sep 2011  •  Nigeria

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

Judgement

MASSOUD ABDULRAHMAN OREDOLA, J.C.A.: (Delivering the Leading Judgment): This appeal is against the ruling of the National and State Houses of Assembly Election Tribunal (hereinafter referred to as the election tribunal) holden at Calabar. The ruling in question was delivered on 14th July, 2011.

On 26th April, 2011 the 2nd and 3rd respondents herein conducted election into the Cross River State House of Assembly for the Boki II State Constituency. The 1st appellant and 1st respondent among others were candidates at the said election. They were sponsored by their respective political parties. Upon the close of poll, the 2nd respondent, declared the 1st respondent as the winner of the said election. He was returned as having been duly elected.

Both the 1st and 2nd appellants were dissatisfied with the said declaration and return of the 1st respondent. They jointly filed a petition and challenged the same before the election tribunal. The various replies filed by the respondents were duly…

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