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IDONGESIT GODWIN AKPAN UDOKPO V. KENNETH EDET ARCHIBONG & ORS

(2011) JELR 33964 (CA)

Court of Appeal  •  CA/C/NAEA/195/2011  •  16 Sep 2011  •  Nigeria

Coram
MASSOUD ABDULRAHMAN OREDOLA JCA; JOSEPH TINE TUR JCA; ISAIAH OLUFEMI AKEJU JCA;

Judgement

ISAIAH OLUFEMI AKEJU, J.C.A.: (Delivering the Leading Judgment): This appeal is against the ruling delivered by the National State House of Assembly Election Tribunal Holden at Uyo (hereinafter called the Tribunal) on 19th July, 2011.

The Appellant herein was a Contestant at the election conducted by the 3rd Respondent on 9th April, 2011 into the House of Representative Seat for Itu Federal Constituency, and at the end of which election the 3rd Respondent declared the 1st Respondent as winner and the duly returned candidate. The appellant who felt dissatisfied with the declaration filed Election Petition No: EPT/KKS/HR/07/2011 at the Tribunal on 30th April, 2011.

By a motion on notice filed on 11th July, 2011, the 1st Respondent sought the order setting aside the hearing notice for pretrial session as well as the pre-trial information sheet attached thereto as issued by the Tribunal's Secretary and another order for dismissal of the petition for failure by the Appellant to comply with…

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