(2011) JELR 49253 (CA)    

Court of Appeal  ·  CA/C/NAEA/229/2011 ·  13 Oct 2011 ·  Nigeria
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
tribunal no.
1st respondent
2nd july
forms tf
motion exparte
panel no.2
grounds of appeal
learned counsel
order of this court
ordinate jurisdiction
panel no.1
petition de novo
rulings of the former tribunal
uzo i. ndukwe-anyanwu
appellants reply brief
competent order election petition
different issues
ejembi eko
election tribunal
higher court
inter alia
issue no.
joseph tine tur
judgment of the tribunal
large extent
leading judgment
legitimate powers
main thrust of this appeal
mbo state constituency
necessary vires
petitioner of the tribunal
privilege of reading
tribunal no.ept
tribunal suo motu
ultra vires
view of its enabling laws

UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Tribunal holden in Uyo Akwa Ibom delivered on 18th August, 2011.

The Petitioner of the Tribunal contested with the 1st Respondent in the Election held on 26th April, 2011 into the Mbo State constituency. The 1st Respondent was returned by the 3rd Respondent as the winner of that election.

Being dissatisfied, the petitioner presented a petition at the Tribunal No.EPT/AKS/HA/17/2011. The tribunal by a motion Exparte filed by the petitioner granted the petitioner his prayer and ordered that the forms TF 007 and TF 008 issued by the Tribunal's Secretary would be deemed as properly issued by the Tribunal.

Subsequently the Tribunal transferred this petition to panel 2 with many other petitions. Panel 2 in its wisdom issued Hearing notices to the parties and requested the parties to address it on two issues namely:

1. Whether the Tribunal has jurisdiction to proceed with hearing of …

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