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HON. EKPENYONG O. ONOYOM v. HON. GABRIEL IYEMI EGARI & ORS

(1999) JELR 43790 (CA)

Court of Appeal  •  CA/C/EPA/37/99  •  24 Mar 1999  •  Nigeria

Coram
OKWUCHUKWU OPENE JCA; SIMEON OSUJI EKPE JCA; OLUDADE OLADAPO OBADINA JCA;

Judgement

OPENE, J.C.A. (Delivering the Leading Judgment): The petitioner who is now the appellant and the 1st respondent contested the local government election on the 5th day of December, 1998 for the Chairmanship of Biase Local Government Council of Cross River State. The appellant contested the election under the platform of the Peoples Democratic Party (PDP) while the 1st respondent was the candidate of the All Peoples Party (APP). At the end of the election, the 2nd and 3rd respondent declared the 1st respondent as the winner.

The appellant thereupon challenged the return of the 1st respondent at the Local Government Election Tribunal of Cross River State holden at Calabar complaining about malpractices in 6 out of the 11 (eleven) wards that constitute the Local Government Area. The tribunal in its judgment delivered on 15th February, 1999 dismissed the appellants petition.

Dissatisfied with that judgment, the appellant has now appealed to this court. In accordance with the rules of this…

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