(2011) JELR 49252 (CA)    

Court of Appeal  ·  CA/C/NAEA/228/2011 ·  13 Oct 2011 ·  Nigeria
UZO I. NDUKWE-ANYANWU Justice of The Court of Appeal of Nigeria EJEMBI EKO Justice of The Court of Appeal of Nigeria JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st schedule
2nd respondent
electoral act
3rd respondent
panel no.
hearing session
ultra vires
enlargement of time
decision of the tribunal
election petition
first schedule
main record of appeal
1st july
2nd respondents
alleged preliminary objection
appeal of the petitioners
basis of his preliminary objection
case of lawal v
cross-appeal of the 2nd respondent
cross-appeal purports
decision of a lower court
direction of the tribunal
election tribunal
gravamen of the cross-appeal
ground of appeal
higher court
independent national electoral commission
issuance of form tf
judicial tribunal
leave of panel no.
lower court
only ground of appeal
return of the 2nd respondent
said 8th june
second national
substance of the only ground of appeal
time panel no.
uzo i. ndukwe-anayanwu
view of the provisions of paragraphs
winner of election

EJEMBI EKO, J.C.A (Delivering the Leading Judgment): The Appellants, as Petitioners, filed their petition challenging the return of the 2nd Respondent by the Independent National Electoral Commission (INEC) as the winner of election conducted by it for the seat of Mkpat Enin State House of Assembly Constituency in the Akwa Ibom State House of Assembly. The election was conducted by INEC, 3rd Respondent, on 26th April, 2011. The Appellants filed their Petition on 19th May, 2011. The petition was originally before the Election Tribunal (Panel) No. 1. It was later moved to Panel No. 2 for hearing and determination to expedite its speedy determination.

The Petition, as earlier mentioned, was filed on 19th May, 2011. The 3rd Respondent was served on 25th May, 2011. The 1st and 2nd Respondents were respectively served on 18th June, 2011 and 20th June, 2011.

The 1st Respondent's Reply to the petition filed on 1st July, 2011, was served on the petitioners/Appellants on 13th July, 2011. The 2n…

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