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DR. SANDY ONOH & ORS V. MR. INNOCENT OKEY

(1999) JELR 43791 (CA)

Court of Appeal  •  CA/C/EPA/38/99  •  23 Mar 1999  •  Nigeria

Coram
JUSTIN THOMPSON AKPABIO JCA; SIMEON OSUJI EKPE JCA; OLUDADE OLADAPO OBADINA JCA;

Appearances
Victor Ndoma-Egba, Esq. (with him, A. U. Ekam, Esq.) - for the 1st Appellant For Appellant Ebaye Akonjom, Esq. (with him, Mba Ukweni, Esq., A. M. Mobu. Esq., E. E. Eja. Esq.) - for the 1st Respondent2nd and 3rd Respondent unrepresented For Respondent

Judgement

EKPE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Local Government Election Tribunal of Cross River State (hereinafter referred to as the Tribunal) sitting at Calabar in the election petition No. LGET/CRS/P/10/98. In the judgment delivered on the 16th day of February, 1999, the tribunal held that the election into the office of the Chairman of Etung Local Government Area conducted on the 5th of December, 1998. "was marred by massive electoral malpractices and offences, to the extent that it substantially affected the election to warrant its nullification'" and accordingly nullified the election. The appellants (who were the respondents at the trial of the election petition) being dissatisfied with the judgment of the tribunal have appealed to this court on a number of grounds of appeal. The 1st appellant filed his own notice and grounds of appeal, while the 2nd and 3rd appellants filed a joint notice and grounds of appeal.

Dr. Sandy Onoh, th…

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