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ADA & ANOR
V.
EKPENYONG & ORS

(2012) JELR 35218 (CA)

Court of Appeal 7 Jan 2012 Nigeria
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- The appellants challenged the election of 1st Respondent (Wilson E. Ekpenyong) as member of the House of Assembly, Odukpani State Constituency, following the April 26, 2011 election, alleging non-compliance with the Electoral Act and lack

Case Details

Suit Number:CA/C/NAEA/306/2011
Judges:MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria UZO I. NDUKWE-ANYANWU Justice of The Court of Appeal of Nigeria JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria
Counsel:W. Ballantyne For Appellant A. E. Ettih with F. U. Okoli - for the 1st Respondent D. D. Dodo, SAN with Mrs. N. O. Amah; Mba E. Ukwen; Chie E. A. Akpoke; P. O. Arikpo; Terhemba Gbashima and Jumbo Festus - for 2nd and 3rd Respondents. Chief O. N. Egodu - for 4th Respondent For Respondent

JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment): Mr. Asuquo Ekpo Ada (1st Appellant) of Nigeria (2nd Appellant) and Mr. Wilson E. Ekpenyong (1st Respondent) of the Peoples Democratic Party (4th Respondent) were contestants at the elections conducted on the 26th day of April, 2011 by the Resident Electoral Commissioner, Cross River State (2nd Respondent) and the Independent National Electoral Commission (3rd Respondent) into the House of Assembly, Cross River State to represent Odukpani State Constituency. Other contestants included Kingsley Ndem Prince Ndemita; Joseph Bassey Eno; Victor Okon Erim, Bassey Effiong Usuh and Ekpenyong A. Bassey. At the close of the polls the 2nd and 3rd Respondents declared the 1st Respondent as duly elected having polled 7,213 votes while the 1st Petitioner polled 1,135 votes. Wilson Ekpenyong secured 391 votes as against 594 votes polled by Kingsley Ndem Prince Ndemita. Joseph Bassey Eno had 203 votes. Aggrieved with the declaration the 1st an…

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