NYIAM
V.
OKO & ORS.
JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment): The Petitioner of the All Nigeria Peoples Party contested but lost election to the House of Representatives Ogoja/Yala Federal Constituency held on the 9th day of April, 2011, in favour of the 1st Respondent who polled 36,365 votes; the petitioner polled 7,611 votes. The Action Congress of Nigeria's candidate had 3,076 votes as against 1,827 polled by the candidate of the Congress for Progressive Change. The candidate of DFPF Party had 17 votes.
The 2nd Respondent returned the 1st Respondent as the duly elected member of the House of Representatives in the constituency, on 10th day of April, 2011.
The Petitioner presented a petition before the Governorship and Legislative Houses of Election Petition Tribunal holden at Calabar, Cross-River State of Nigeria on 29-04-2011 praying in paragraph 22 of the petition that the 1st Respondent be disqualified; that the result of the election should be voided and cancelled by reason of sub…