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OKON EKPENYONG UKPE v. GODWIN E. NDON & ORS

(1999) JELR 43792 (CA)

Court of Appeal  •  CA/C/EPA/41/99  •  17 Mar 1999  •  Nigeria

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

Judgement

OBADINA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Local Government Election Tribunal of Akwa Ibom State sitting at Uyo, delivered on the 13th of February, 1999 in favour of the 1st respondent.

On the 5th of December, 1998 the appellant contested the Local Government Council election for the office of Chairman, Local Government Area of Akwa Ibom State. He contested the election on the platform of the Peoples Democratic Party (PDP).

The 1st respondent also contested the election to the same office or Chairman, Itu Local Government Area of Akwa Ibom State on the platform of All Peoples Party (APP). Alliance for Democracy filed one Efiok Bassey Etim for the election. Three (3) other candidates also contested the said election on the platform or other political parties.

At the close of the election the 2nd respondent (INEC) announced that there was no clear winner of the election. The 1st respondent was said to have scored a total of 6,104 vot…

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