(2011) JELR 49250 (CA)    

Court of Appeal  ·  CA/C/NAEA/224/2011 ·  13 Oct 2011 ·  Nigeria
UZO I. NDUKWE-ANYANWU Justice of The Court of Appeal of Nigeria JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria ISAIAH OLUFEMI AKEJU Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st schedule
electoral act
1st respondent
issuance of form tf007
second tribunal
wrong conclusion
3rd respondent
akwa ibom state
day period
following issues
joseph tine tur
printed record
said reply
suo motu hold
view of the provisions of paragraphs
19th days of july
2nd respondents
above canon of construction
brother j. t. tur
defence of his case
democratic party
dr. friday a. etuk
etinan state constituency of the house of assembly
following reliefs
former panel of this tribunal
hon. samuel okon ikon of the people
interpretation of statutes
isaiah olufemi akeju
leading judgment
new issues of facts
provisions of the electoral act
purported election of the 1st respondent
reason of corrupt practices
respective briefs of argument
state house of assembly election petition tribunal
trial session of the petition
tribunal number
uzo i. ndukwe-anyanwu
various issues

JOSEPH TINE TUR, J.C.A (Delivering the Leading Judgment): Dr. Friday Asukwo Etuk of the Action Congress of Nigeria and Hon. Samuel Okon Ikon of the People's Democratic Party and other candidates contested election into the Etinan State Constituency of the House of Assembly in Akwa Ibom State on 26th April, 2011. Dr. Friday A. Etuk polled 7,126 votes while the Hon. Samuel Okon Ikon had 16,744 votes. The 3rd Respondent (INEC) declared and returned the 1st Respondent as duly elected to represent the Constituency into the House of Assembly. Being aggrieved Dr. Friday Asukwo Etuk (petitioner) presented a petition to the state House of Assembly Election petition Tribunal, Uyo, Akwa Ibom State before Tribunal Number One on 16-05 -2011 seeking the following reliefs:

"(a) That it be determined that the 1st Respondent was not duly elected and that no erection took place in the affected wards and units in Etinan state Constituency on the 26th April, 2011.

(b) That it be determined that the purpo…

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