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HON. FABIAN OKPA v. CHIEF ALEX IREK & ANOR

(2011) JELR 33966 (CA)

Court of Appeal  •  CA/C/NAEA/201/2011  •  23 Sep 2011  •  Nigeria

Coram
UZO I. NDUKWE-ANYANWU JCA; JOSEPH TINE TUR JCA; ISAIAH OLUFEMI AKEJU JCA;

Judgement
<p>JOSEPH TINE TUR, J.C.A. (Delivering the leading : ): The Independent National Electoral Commission (2nd Respondent) conducted elections into the Cross River State House of Assembly for Obubra One State Constituency on the 26th day of April, 2011. Hon. Fabian Okpa (Petitioner) contested under the platform of the Peoples Democratic Party while Chief Alex Irek (1st Respondent) was fielded by the Action Congress of Nigeria. On 26th day of April, 2011 the 2nd Respondent returned the 1st Respondent as the duly elected member of the Cross River State House of Assembly to represent the constituency. The 2nd Respondent credited 7198 votes to the 1st Respondent and 6882 votes to the petitioner. George Afara Ofutet of the All Nigeria Peoples Party polled 72 votes while Castro Ezama of the Labour Party had 17 votes. Being aggrieved the petitioner presented his petition before the National and State House of Assembly Election Petition Tribunal holden at Calabar, Cross River State on 19th day…</p>

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