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NTUFAM MATTHEW ODEY OJONG V. MR. DONALD ETIM DUKE LADY BEATRICE AHUMIBE (Resident Electoral Commissioner Independent Electoral Commissioner, Calabar, Cross River State)

(2003) JELR 52711 (CA)

Court of Appeal  •  CA/C/CRS/GOV/EPA/50/03  •  7 Aug 2003  •  Nigeria

Coram
SULE A. OLAGUNJU, JCA (Presided and Read the Lead Judgment) MICHAEL EYARU OMA AKPIROROH, JCA KUMAI BAYANG AKAAHS, JCA MUSA DATTIJO MUHAMMAD, JCA AMINA ADAMU AUGIE, JCA

Judgement

OLAGUNJU, JCA (Delivering the Lead Judgment): Under the sponsorship of the United Nigeria Peoples Party the appellant was a candidate at the election conducted by the 2nd respondent on behalf of the Independent National Electoral Commission (INEC) for the office of the Governor of Cross River State of Nigeria in which he vied with 7 other candidates including the 1st respondent who was declared by the INEC to be the winner of the contest.

The result of the election was challenged in a petition filed on 12/5/ 2003 before the National Assembly Governorship and Legislative Election

Tribunal holding at Calabar. On 20/5/2003, the appellant in a motion filed on that date asked the two respondents to produce for use at the trial 13 separate documents including the Voters Register for Cross River State, all the election result sheets on which the 1st respondent was declared to be duly elected, authenticated full list of polling agents with their schedule of assignments to the various polling …

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