ENO EKAPONG OFEM & ANOR V. HON. BASSEY EKO EWA & ORS

M. B. DONGBAN-MENSEM, J.C.A (Delivering the Leading Judgment): This is an appeal against the Judgment of the National and State Assembly Election Petition Tribunal sitting in Calabar, Cross River State of Nigeria delivered on the 4th November, 2011, dismissing the Petition filed against the return of the 1st Respondent as the winner of the Abi/Yakurr Federal Constituency Election held on the 26th April, 2011.

The Appellants who were dissatisfied with the decision of the Tribunal coram:

Hon. Justice G. M. Nabaruma - Chairman

Hon. Justice S.U. Dikko - Member

Hon. Justice A.K. Baaki - Member

filed a notice of appeal on the 15th November 2011. The facts which gave rise to the appeal are stated in the appellant's brief of arguments as follows:

''i. Election was held into the Abi/Yakurr Federal Constituency of Cross River State of Nigeria for the seat of the house of Representatives on Saturday the 26th April, 2011. The 1st Appellant was sponsored by the 2nd Appellant, Action Congress of Ni…