(2011) JELR 49260 (CA)    

Court of Appeal  ·  CA/C/NAEA/250/2011 ·  16 Nov 2011 ·  Nigeria
Other Citations
Ekpo v.Toyo (2012) 8 NWLR (Pt. 1303) 460
UZO I. NKUKWE-ANYANWU Justice of The Court of Appeal of Nigeria EKO EJEMBI Justice of The Court of Appeal of Nigeria JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
4th respondent
odukpani federal constituency
calabar municipality
3rd respondent
learned counsel
nkoyo esu toyo
burden of proof
fair hearing
peoples democratic party
reason of non-compliance
trial tribunal
brief of argument
following issues
highest number of lawful votes
judgment of the federal high court
lower tribunal
political party
printed records
provisions of electoral act
2nd respondent
4th respondents
circumstances of this case
cross river state
extant laws
federal constituency
following grounds
grounds of petition
independent national electoral commission
leading judgment
onus of proof of a particular issue
part of the records
printed record shows
provisions of sections
resident electoral commissioner
respective counsel
right of fair hearing of the appellant
ruling of the federal high court calabar
ruling of the lower tribunal
state assembly election petition tribunal
state high court

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:


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

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