DR. IME SAM PSON UMANA V. OBONG (ARC.) V. B. ATTAH THE RESIDENT ELECTORAL COMMISSIONER FOR AKWA IBOM STATE THE RETURNING OFFICER FOR THE GOVERNORSHIP ELECTION OF AKWA IBOM STATE INDEPENDENT NATIONAL ELECTORAL COMM ISSION AND PEOP LES DEMOCRATIC PARTY
(2003) JELR 51342 (CA)
Court of Appeal
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CA/C/AK/GOV/EPA/70/2003
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30 Oct 2003
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Nigeria
Coram
SULE A. OLAGUNJU JCA (Presided and Read the Lead Judgment) MICHAEL EYARUOMA AKPIROROH JCA KUMAI BAYANG AKAAHS JCA MUSA DATTIJO MUHAMMAD JCA AMINA ADAMU AUGIE JCA
Appearances
O. Ayanlaja, Esq., SAN (with him, V. N. U. Nwoko, Esq., V. C. Nkanang, Esq., C. A. Thomas Esq., E. Essien, Esq., and Ibanga, Esq.,) - for the Appellant/Cross-Respondent.
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A. Ekong Bassey, Esq., SAN, (with him, Ini Udobong, Esq., Ime Iyang, Esq., I. Akpan, Esq., Essien Udom, Esq., E. Enoidem, Esq., Sam Akpabio, Esq.) - for the 1st Respondent/Cross-Appellant.
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A. O. Alegeh, Esq., (with him, Affiah, Esq.) - for the 2nd - 4th Respondents.
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Essien Udom, Esq., (with him, Ulu Udom, Esq., and Enoh Idem,
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C Esq.) - for the 5th Respondent.
Judgement
<p><strong> OLAGUNJU JCA (Delivering the Lead Judgment): </strong> The appeal is from the decision of the Governorship and Legislative Houses Election Tribunal sitting at Uyo in Akwa Ibom State which on 14/7/2003 dismissed the appellant’s petition against the return of the 1st respondent as the Governor of Akwa Ibom State at the end of the polls conducted on 19/4/ 2003 in which the appellant and the 1st respondent as candidates of the All Nigeria Peoples Party (ANPP) and Peoples Democratic Party (PDP), respectively, vied along with 7 other candidates for the office of governorship.</p><p>Following his unsuccessful bid at the election the appellant by his counsel filed on 14/5/2003 against the 1st to 4th respondents a 15-paragraph petition challenging the return of the 1st respondent on the grounds that -</p><p>“The 1st respondent was at the time of the election disqualified from being elected to the office of the Governor of Akwa Ibom State having been indicted for fraud by the Code of Conduct Bureau in the Tribunal f…</p>
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