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AMBASSADOR AKPANG ADE OBI-ODU V. DONALD ETIM DUKE & 2,339 ORS.

(2005) JELR 56591 (CA)

Court of Appeal  •  CA/C/CRS/GOV/EPA/103/2005  •  14 Dec 2005  •  Nigeria

Coram
MUHAMMAD S. MUNTAKA-COOMASSIE JCA JOHN AFOLABI FABIYI JCA PIUS OLAYIWOLA ADEREMI JCA OLUFUNLOLA OYELOLAADEKEYE JCA NWALE SYLVESTER NGWUTA JCA

Appearances
Mr. Mba E. Ukweni (with him, Mr. Imo T. Bassey) for the Appellant; Chief Wole Olanipekun, SAN (with him, Messrs N. A. Ita and M. A. Malik) for the 1st Respondent; Mr. O. Osaze-Uzzi (with him, Messrs I. K. Bawa, O. A. Gwaza and S. Utuk) for the 2nd - 2339th Respondents.

Judgement

ADEREMI JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the National Assembly Governorship and Legislative Houses Election Tribunal sitting at Calabar delivered on the 6th of June, 2005 dismissing the claims of the appellant qua petitioner for reason of being unmeritorious.

The appellant qua petitioner has by his petition dated 19th May, 2003 paragraph 12 thereof prayed for the following reliefs:

“(1) That the 1st respondent not being qualified to contest the election ab initio was not also qualified to be returned or elected as the Governor of Cross River State in the elections held on the 19th day of April, 2003.

(2) That since no elections took place in the majority of Local Government Areas of Cross River State; the election ought to be cancelled and declared invalid.

(3) That the election is invalid by reason of corrupt practices and or non-compliance with the provisions of Electoral Act, 2002 (as amended).

(4) That the 1st respondent was not du…

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