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EDET
V.
UDO & ORS

(2003) JELR 44944 (CA)

Court of Appeal 6 Nov 2003 Nigeria
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Case Details

Suit Number:CA/C/NAEA/76/2003
Judges:OKWUCHUKWU OPENE Justice of The Court of Appeal of Nigeria SIMEON OSUJI EKPE Justice of The Court of Appeal of Nigeria ISTIFANUS THOMAS Justice of The Court of Appeal of Nigeria
Counsel:Ita Ikpe Esq. For Appellant Bassey Nkana Esq. with him, S. Umoh Esq.I. Akpabio Esq., with him, A. Akpan Esq., (Mrs.)A. O. Alege Esq., with A. Affiah Esq. For Respondent

OKWUCHUKWU OPENE, J.C.A. (Delivering the Leading Ruling): On the 12/4/03, there was a National Assembly election and the appellant, Chief Bassey Etim Edet, a candidate of All Nigeria Peoples Party (ANPP) contested the seat for Oron Federal Constituencey, Akwa Ibom State while the 1st respondent a candidate of the Peoples Democratic Party (PDP) and other candidates also contested the election and at the end of the election the 1st respondent was declared elected. It was as a result of this that the appellant filed an election petition at the Election Tribunal holding at Uyo, Akwa Ibom State challenging the election of the 1st respondent.

On 17/6/03, the petition was struck out by the Tribunal. Dissatisfied with the said ruling the appellant has appealed to this court.

The appellant filed two notices of appeal on 30/6/03 and 4/7/03, respectively.

On 8/9/03, the counsel for the 3rd -5th respondents filed a Motion on Notice praying this hon. Court for the following reliefs:

"An order d…

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