(1999) JELR 43793 (CA)    

Court of Appeal  ·  CA/C/EPA/47/99 ·  19 Mar 1999 ·  Nigeria
Other Citations
ASIKPO v. EKENE (1999) 5 NWLR (Pt.604)578
Asikpo v. Ekene (1999) 5 NWLR (Pt. 604) 578
JUSTIN THOMPSON AKPABIO Justice of The Court of Appeal of Nigeria SIMEON OSUJI EKPE Justice of The Court of Appeal of Nigeria OLUDADE OLADAPO OBADINA Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
presiding officer
election petition
3rd respondents
lower tribunal
returning officer
decree no.
ikot ekpene
learned counsel
polling unit
2nd respondent
lead judgment
mandatory provisions of schedule
misconduct of electoral officials
presiding officers
said election
such officials
higher court
inec guidelines
above result
additional grounds of appeal
akwa ibom state
appeal court
case of examination malpractice
circumstances of this case
considered view
court of law
criminal records
decision of the akwa ibom state
election results
election result sheets
evidence of both sides
evidence of d.w.9
face of other evidence
last local government chairmanship election
leading judgment
local government election petition tribunal
none of the presiding officers
oral arguments of this appeal
people democratic party
petition no. lget
petition of the petitioner
political parties
proof of trial
question of disqualification
similar events
unit c
wards election

AKPABIO, J.C.A. (Delivering the Leading Judgment): This is an appeal from a decision of the Akwa Ibom State Local Government election petition tribunal, holden at Uyo in petition No. LGET/AK/33/98, delivered on 16/2/99 wherein they dismissed the petition of the petitioner who is now the appellant with no order as to cost.

Before going to the tribunal both the petitioner and the 1st respondent were candidates at the last local government chairmanship election at Ikot Ekpene, Akwa Ibom State under the platform of the Alliance for Democracy (AD) and the People Democratic Party (PDP) respectively.

At the conclusion of the exercise the petitioner scored 9,944 while the 1st respondent scored 15,707 votes and was duly declared the winner, and returned as the Chairman of Ikot Ekpene Local Government Council by the 2nd respondent.

The petitioner being dissatisfied with the above result filed an election petition at the tribunal at Ikot Ekpene, as already mentioned above, alleging, inter alia…

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