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DR. IME SAM PSON UMANAH V. OBONG (ARC.) VICTOR ATTAH THE RESIDENT ELECTORAL COMMISSIONER FOR AKWA IBOM STATE THE RETURNING OFFICER FOR THE GOVERNORSHIP ELECTION FOR AKWA IBOM STATE INDEPENDENT NATIONAL ELECTORAL COMMISSION PEOP LES DEMOCRATIC PARTY

(2005) JELR 54590 (CA)

Court of Appeal  •  CA/A/166/2004  •  30 Jun 2005  •  Nigeria

Coram
MARY PETER ODILI JCA OLABODE RHODES-VIVOUR JCA

Appearances
F Tayo Oyetibo SAN (with him, F. Gasper) - for the Appellant . -*- E. Bassey SAN (with him, J. Ndem Esq.) - for the 1st Respondent . Dr. G. Tetengi - for the 2nd - 4th Respondents . -*- 5th Respondent and counsel not in court but served on 18/05/05.

Judgement

MUHAMMAD JCA (Delivering the Lead Judgment): The salient facts of this appeal are that the appellant contested the general election held on 19th April, 2003 into the office of Executive Governor of Akwa Ibom State. The 1st respondent was also a contestant at the election.

At the end of the election, the 1st respondent who was the candidate sponsored by the 5th respondent was returned by the 4th respondent as the duly elected candidate.

Being dissatisfied with the result of the election, the appellant filed a petition before the Governorship Election Petition Tribunal for Akwa Ibom State.

A The tribunal consisted of a chairman and four members but in particular the following amongst other members are relevant.

Honourable Justice M. M. Adamu - Chairman

Honourable Justice D. T. Ahura - Member

Honourable Justice A. M. Elelegwa - Member

Chief Magistrate O. J. Isede - Member

Whilst the proceedings were still pending before the tribunal, on 10th July, 2003 the appellant petitioned the Chief Justice …

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