EYO
V.
EKPENYONG & ORS.

(2011) JELR 49253 (CA)

Court of Appeal · CA/C/NAEA/229/2011 · 13 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

tribunal

petition

jurisdiction

appeal

tribunal no.

1st respondent

issues

parties

2nd july

forms tf

motion exparte

panel no.2

grounds of appeal

learned counsel

order of this court

ordinate jurisdiction

panel

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

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

notices

petitioner of the tribunal

petitions

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 …

EYO V. EKPENYONG & ORS.

EYO
V.
EKPENYONG & ORS.