(2011) JELR 49261 (CA)    

Court of Appeal  ·  CA/C/NAEA/268/2011 ·  12 Dec 2011 ·  Nigeria
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
Core Terms Beta
calabar south
1st respondent
federal constituency
evidence act
local government
polling booths
provisions of the electoral act
3rd respondent
constitution of the federal republic of nigeria
cross river state
bakassi federal constituency
election tribunal
house of representatives
local government areas
result of the election
senior advocate of nigeria
various offices
judgment of the federal high court
9th day of april
political party
local governments
provision of the electoral act
collation officers
documentary evidence
eligibility of the 1st respondent
highest number of lawful votes
learned senior counsel
national assembly election
number of voters
4th day of july
allegations of crime ore
anor vs inec
candidate of the action congress
close of polls
cross river state of nigeria
federal house of representatives
following votes
independent national electoral commission
leading judgment
learned counsel
learned senior advocate
orders of the tribunal
paragraphs of the appellant
serious criminal allegations

JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment): The Independent National Electoral Commission (3rd Respondent) conducted election into the House of Representatives for Calabar South, Akpabuyo and Bakassi Federal Constituency, Cross River State on the 9th day of April, 2011. Mr William Ballantyne a legal Practitioner and candidate of the Action Congress and Hon. Essien Ekpenyong Ayi of the Peoples Democratic Party contested the election with other candidates. At the close of polls the candidates scored the following votes:

(a) William Ballantyne - 3,823 votes

(b) Essien Ekpenyong Ayi - 23,114 votes

(c) Edwin Orok Duke - 502 votes

(d) Edem Oyo-Itam - 660 votes

(e) Ako Isaac Eghiarrwa - 179 votes

(f) Salem David Joshua - 6,557 votes

The National Independent Electoral Commission declared and returned Hon. Essien Ekpenyong Ayi as duly elected to represent the three Local Government Areas that constitute the Federal Constituency in the Federal House of Representatives, Abuja, the…

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