FABIYI, JCA (Delivering the Lead Judgment): This is an appeal against A the judgment of the National Assembly Election Petition Tribunal sitting at Calabar on 30th March, 2001.
The petitioner was a candidate for the Cross River North Senatorial seat under the banner of Alliance for Democracy (AD) during the bye- election held on 24th July, 1999. The 1st respondent and Christopher Eriba were candidates on the platforms of Peoples Democratic Party and All Peoples Party (APP) respectively. On completion of the said bye-election, the petitioner scored 71,244 votes while the 1st respondent and Christopher Eriba each scored 120,516 and 962 votes. There was no contention on the votes scored by each candidate. The 1st respondent was then returned as the elected candidate and winner of the bye-election.
The petitioner commenced his position on 6-8-99. He maintained in the petition that the 1st respondent was not qualified to contest the said bye-election. The particulars of disqualification …