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SENATOR BASSEY EDET OTU LABOUR PARTY (LP) V. GERSHOM BASSEY PEOPLES’ DEMOCRATIC PARTY (PDP) INDEPENDENT NATIONAL ELECTORAL COMMISSION

(2015) JELR 56452 (CA)

Court of Appeal  •  CA/C/NAEA/224/2015  •  5 Dec 2015  •  Nigeria

Coram
ABDU ABOKI JCA (Presided and Read the Lead Judgment)) STEPHEN JONAH ADAH JCA MISITURA O. BOLAJI-YUSUFF JCA

Appearances
Rotimi Ouneso (SAN) - for the Appellants. -*- Paul Erokoro (SAN) (with him, Nta A. Nta Esq., D.D. Ujong Esq. and E.E Kepe Esq.) - for the 1st Respondent. -*- E. O. E. Ekong Esq. (with him, A.O. Okon Esq., I.M. Anana Esq., L.U. Ozojideofor Esq., and Eni Okoi Esq.) - for the 2nd Respondent. -*- Ikechukwu Ezechukwu SAN - for the 3rd Respondent.

Judgement

ABOKI JCA (Delivering the Lead Judgment): This appeal is against the judgment of the National and State Houses of Assembly Election A Petition Tribunal, sitting in Calabar, Cross-river State, delivered on 12 October 2015, by their lordships Hon. Justice O. A. Adeniyi (Chairman), Hon. Justice C. D. Awubra (member 1) and Honourable Justice J. U. Oyomire (member II). The 1st appellant in this appeal had on the platform of the LabourParty (LP) (hereinafter called the 2nd appellant), contested the election for Senate representing Cross-River South Senatorial District that was held on 28 March 2015. After the conclusion of the said election, the 3rd respondent declared and returned the 1st respondent as the winner of the saidelection, having scored a total of 74,519 votes as against 57,963 votes scored by the 1st appellant.

Dissatisfied with the declaration of the 1st respondent as the winner of the election in dispute, the appellants filed a petition at the lower tribunal, wherein they so…

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