MUNTAKA-COOMASSIE JCA (Delivering the Lead 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 NationalAssembly/Governorship andLegislative HousesElection pending. The petition was in respect of the governorship election of Cross River
State held onthe 19thof April,2003 at the Election Tribunal sittingat Calabar hereinafter referred to as the lower Tribunal. That petition was actually filed byone UsaniUguru Usaniwho contestedthe 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 Independent National Electoral Com…