ETTAH & ANOR.
V.
AKIBA & ORS.

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of the Record) without any application from any of the parties, the Tribunal No. 1, on 7th September, 2011, suo moto rescinded the transfer order and thereafter fixed the petition for hearing on 13th September, 2011.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…