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GODSWILL OTU EKASI OTU v. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & ORS

(1999) JELR 43815 (CA)

Court of Appeal  •  CA/C/EPA/26/99  •  1 Mar 1999  •  Nigeria

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

Judgement

AKPABIO, J.C.A. (Delivering the Leading Judgment): This was an appeal against a decision of the Local Government Election Petition Tribunal in respect of Akwa Ibom State sitting at Uyo, under the Chairmanship of Omokri, J. delivered on the 26th January, 1999 in petition No. LGET/AK/23/98. Wherein the petition of the petitioner was struck out for being incompetent, in that it was filed outside the prescribed time. The petitioner being dissatisfied with that ruling has now appealed to this court. From henceforth the petitioner will in this judgment be referred to as the "appellant."

At the said Local Government election which took place on the 5th December, 1998, the appellant contested for the post of Councilor under the platform of the "All Peoples Party (APP) at Eket Urban Ward 11. Two other candidate contested against him viz.:- Effiong Akpan Akpan on, the platform of Alliance for Democracy (AD) while the third, one Isang Godwin Isaiah (now the 3rd respondent) contested on the platf…

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