ETTAH & ANOR.
V.
AKIBA & ORS.

(2011) JELR 49259 (CA)    

Court of Appeal  ·  CA/C/NAEA/249/2011 ·  27 Oct 2011 ·  Nigeria
CORAM
UZO I. NDUKWE-ANYANWU Justice of The Court of Appeal of Nigeria EJEMBI EKO Justice of The Court of Appeal of Nigeria JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria
Core Terms Beta
petition
22nd september
petitioners
tribunal no.
court
4th respondent
1st respondent
3rd respondents
fair hearing
13th september
1st schedule
7th september
hearing of the petition
justice
application of the 4th respondent
case today
electoral act no.6
good reason
mrs. andem-ewa
1st appellant
2nd appellant
agbiji mbeh agbiji
appeal of the aggrieved petitioners
audi alteram partem
counsel chief ogar ndoma egodo
court practice directions
election petition tribunal
fetter of the 4th respondent
fundamental right
governing phrase
leading judgment
learned silk
material time
must justice
notice of appeal
notice of preliminary objection of 25th october
order of the tribunal no.
political party
principle of audi alteram partem
purported stand
recession order tribunal no.1
ruling of 22nd september
said 13th september
said 22nd september
san of counsel
stand-down request
suo moto
transfer order
tribunal no. l
uzo i. ndukwe-anayanwu

EJEMBI EKO,J.C.A: (Delivering the Leading Judgment): The 2nd Appellant, a political party, sponsored the 1st Appellant as a candidate for the election to Cross River House of Assembly for Calabar Municipality State Constituency. The election was conducted on 26th April, 2011. The 2nd and 3rd Respondents returned the 1st Respondent, sponsored by the 4th Respondent, as the candidate duly elected in the election for the said Calabar Municipality constituency. Aggrieved by this return the Appellants filed their petition challenging the return on 17th May, 2011

The petition was before the Election petition Tribunal (coram; J. M. Nabaruma, J, S. u. Dikko, J, and A. K. Baaki, J)

On 16th August, 2011 the Tribunal No. 1 transferred the petition to Tribunal No. 2 (page 449 of the Record) without any application from any of the parties, the Tribunal No. 1, on 7th September, 2011, suo moto rescinded the transfer order and thereafter fixed the petition for hearing on 13th September, 2011. See pag…

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