OBADINA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Local Government Election Tribunal, Cross River State, holden at Calabar in petition No. LER/GRS/P/11/98 delivered on 15th February, 1999.
On the 5th December, 1998, the appellant contested the Local Government Council Election for the office of Chairman, Akpabuyo Local Government Area of Cross River State. He contested the election on the platform of the Peoples Democratic Party - (PDP).
The 1st respondent also contested the election to the same office of Chairman, Akpabuyo Local Government Area of Cross River State, on the platform of the All Peoples Party - (APP).
At the close of the election the 4th respondent, (INEC) declared and returned the 1st respondent as the winner of the election.
The appellant was not satisfied with the result of the election and the declaration and return of 1st respondent as winner of the election. He then presented an election petition before the Local Gove…