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…

EKPO & ANOR. V. KANU & ORS.

EKPO & ANOR.
V.
KANU & ORS.