(2011) JELR 49246 (CA)    

Court of Appeal  ·  CA/C/NAEA/218/2011 ·  7 Oct 2011 ·  Nigeria
UZO I. NDUKWE-ANTANWU 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
3rd respondent
1st respondent
1st schedule
electoral act
2nd respondent
federal high court
hearing notice
29th day of june
judgment of the federal high court
learned justices of the lower tribunal
breach of procedure
exceptional circumstances
favour of the 1st respondent
hearing session
issuance of form tf007
single notice of appeal
suit no. fhc
yala federal constituency
10th day of april
24th day of june
9th day of april
copy of that judgment
corrupt practices
election issues
following issues
hearing session order
issue of failure of the 3rd respondent
joseph tine tur
leading judgment
legislative houses of election petition tribunal
misrepresentation of facts
mr. osim
non-existent tribunal
ors v.s inec
petitioner of the all nigeria peoples party
provisions of the electoral act
reason of substantial irregularities
said judgment
said order
said order of 29th june
set aside
use of judgment of the federal high court

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…

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