EKPO & ANOR.
V.
KANU & ORS.

(2011) JELR 49244 (CA)    

Court of Appeal  ·  CA/C/NAEA/204/2011 ·  23 Sep 2011 ·  Nigeria
CORAM
UZO I. NDUKWE-ANYANWU Justice of The Court of Appeal of Nigeria JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria ISAIAH OLUFEMI AKEJU Justice of The Court of Appeal of Nigeria
Core Terms Beta
tribunal
section
electoral act
appellants
oath
appeal
court
evidence act
1st respondent
first schedule
oaths act
brief of argument
j.c.a
petitioner
provisions of section
1st appellant
election petition no. ept
fair hearing
laws of the federation of nigeria
1st petitioner
2nd appellant
2nd august
3rd respondent
biase state constituency
breach of the electoral act
court of appeal rules
cross river state
decision of the national
declaration of the 1st respondent
evidence act cap
existent tribunal
fair hearing of the appellants
honourable tribunal lacks jurisdiction
leading judgment
list of the witnesses
non-existent tribunal
notice of preliminary objection
political party
previous decision
provisions of electoral act
state house of assembly election petition tribunal
trial tribunal
uzo i. ndukwe-anyanwu
witness deposition of mr. ogettee ekpo
written statements of the petitioners

ISAIAH OLUFEMI AKEJU, J.C.A, (Delivering the Leading Judgment): This appeal is against the decision of the National and State House of Assembly Election Petition Tribunal, Holden at Calabar, contained in the ruling delivered on 2nd August, 2011 dismissing Election Petition No. EPT/CR/SA/1/2011 filed by the Appellants.

The 1st Appellant was a candidate at the election into the House of Assembly seat for Biase State Constituency conducted by the on 26th April, 2011. The 2nd Appellant was the political party that sponsored the 1st Appellant for the election. At the conclusion of the election, the 3rd Respondent declared the 1st Respondent as the win4er and the duly returned candidate.

The Appellants who were aggrieved by the declaration of the 1st Respondent as the winner of the election filed the Election Petition No. EPT/CR/SA/1/2011 on 15th May, 2011 on the grounds stated in paragraphs 38, 39 and 40 thereof as follows:

"38. The election was invalid by reason of non-compliance with th…

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