PROF. EYO ETIM NYONG & ANOR V. MR BASSEY EDET OTU & ORS

UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): The 1st Appellant as petitioner presented this petition on 17th May, 2011. The 2nd Appellant Action Congress of Nigeria sponsored the 1st Appellant Prof. Eyo Etim Nyong for the election into the Cross.

The 1st Respondent Bassey Edet Otu was sponsored by the 4th Respondent P.D.P. The 1st Respondent was declared the winner and returned on 27th April, 2011.

The Petitioners'/Appellants' grounds for bringing the petition are as follows:-

i. The 1st respondent was not qualified to contest the election into the Cross River State Southern Senatorial district held on the 26th day of April, 2011.

ii. The election in National Assembly for the Cross River State Southern non-compliance with the provisions of Electoral Act 2010 (as amended).

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

On the receipt of the Petition, the 1st and 4th Respondents filed their replies but 2nd and 3rd Respond…