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USANI UGURU USANI v. DONALD DUKE & ORS.

(2005) JELR 45317 (CA)

Court of Appeal  •  CA/C/CRS/GOV/EPA/61/2005  •  15 Dec 2005  •  Nigeria

Coram
MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JCA; PIUS OLAYIWOLA ADEREMI JCA; NWALI SYLVESTER NGWUTA JCA; JOHN AFOLABI FABIYI JCA; OLUFUNLOLA OYELOLA ADEKEYE JCA;

Judgement

MUNTAKA-COOMASSIE, J.C.A. (Delivering the Leading Judgment): I must admit painfully that this matter has suffered a terrible chequered history. The case was twice before the National Assembly/Governorship and Legislative Houses Election Tribunal Calabar. This is also the second time the matter is coming before the Court of Appeal.

It goes like this: There was an election petition in respect of the National Assembly/Governorship and Legislative Houses Election pending. The petition was in respect of the Governorship election of the Cross River State, held on the 19th of April, 2003 at the Election Tribunal, sitting at Calabar hereinafter referred to as the lower tribunal.

That petition was actually filed by one Usani Uguru Usani, who contested the same Governorship election under the platform of New Democrats (N.D.) and lost. He contested together with Mr. Donald Duke, who contested under the platform of the Peoples Democratic Party (P.D.P.) At the close of the Election, the Independen…

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