EKPO
V.
TOYO & ORS.
·
JOSEPH TINE TUR, J.C.A, (Delivering the Leading Judgment): The Independent National Electoral Commission (3rd Respondent) and the Resident Electoral Commissioner (2nd Respondent) conducted elections into the House of Representatives for Calabar Municipality/Odukpani Federal Constituency in Cross River State on 9th April, 2011. Though other candidates contested the election they are not concerned with this appeal. Mr. Eyo Nsa Ekpo of the Action congress of Nigeria (Petitioner/Appellant) polled 7,213 votes while Nkoyo Esu Toyo (1st Respondent) of the Peoples Democratic Party (4th Respondent) polled 23,298 votes and was returned as duly elected into the House of Representatives/Federal Constituency in question. Being aggrieved Mr. Eyo Nsa Ekpo presented a petition before the National and State Assembly Election Petition Tribunal sitting in Calabar, Cross-River State on 29-04-2011 on the following grounds:
GROUNDS OF PETITION
38. The election was invalid by reason of non-compliance with t…