JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment): Irked by the declaration of Ajor Idagu Agaji as the duly elected member of the Bekwara state constituency in the Cross River State House of Assembly, by the Independent National Electoral commission, Mr. Chris Valentine Ogar Eneji and Action Congress of Nigeria presented a joint petition to the Election Tribunal holden at Calabar, Cross River State on 17-05-2011. The petition was anchored on paragraphs 34-36 on the following grounds:
"34. The election was invalid by reason of noncompliance with the provisions of Electoral Act, 2010 as Amended.
35. The 1st Respondent was at the time of the election not qualified to contest the election.
36. The petitioners scored the highest number of lawful votes cast but the 1st Respondent was declared winner."
The petitioners prayed as follows:
"(a) A declaration that the election into the House of Assembly for Bekwara State Constituency held on 26th April, 2011 was invalid by reason of non-…