(2011) JELR 49248 (CA)    

Court of Appeal  ·  CA/C/NAEA/222/2011 ·  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
2nd respondents
26th april
1st respondent
18th may
date of declaration of result
electoral act
learned counsel
3rd respondent
election petition
judgment of the tribunal
instant case
onna state constituency
uzo i. ndukwe-anyanwu
winner of the election
1st appellant
circumstances of this case
complete agreement
considered judgment
constitutional requirement
declaration of result form ec8e
democratic party
ejembi eko
exercise of jurisdiction
following facts
forms ec
forms ec 8e
hon. tribunal
issue f
joseph tine tur
leading judgment
main issue
petition serve
present case
qualifications of the members of the bench
rebuttable presumption
result of an election
return of the 1st respondent
subject matter of the case
such cases
time limit
trial of the case
vide forms ec 8e

UZO I. NDUKWE-ANYANWU, JCA (Delivering the Leading Judgment): This is on appeal against the judgment of the Tribunal holding at Uyo Akwa Ibom delivered on the 16th August, 2011. The Appellant was the Petitioner at the Tribunal. The 1st Respondent contested with the 1st Appellant for the Onna State Constituency. The 1st Respondent was returned as the winner of the election held on 26th April, 2011.

Being dissatisfied, the Appellant as petitioner presented his petition on 18th May, 2011 challenging the return of the 1st Respondent.

The learned counsel to the 1st and 2nd Respondents filed a notice of Preliminary objection on 27th July, 2011. The preliminary objection was that

1. " the petition was incompetent having been filed outside the period stipulated the by S. 134(1) of Electoral of Act 2010 ( as amended).

2. that this Hon. Tribunal lacks jurisdiction to entertain the petition serve having been filed in contravention of S. 84 (1) of the Electoral Act 2010 (as amended)."

In a consi…

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