ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the National And State Assembly Election Petition Tribunal sitting at Calabar, Cross River State contained in the Ruling delivered on 5th July, 2011.
The appellant, the 1st respondent and other candidates contested the election conducted by 3rd respondent on 26th April, 2011 for the Bakasi State Constituency of Cross River State House of Assembly. While the appellant contested under the banner of the Peoples Democratic part, the 1st respondent was the candidate of Action Congress of Nigeria. The result of the election as declared by the 2nd and 3rd respondents was that the appellant was victorious, and the 1st respondent who felt aggrieved by the result so declared filed a Petition No. EPT/CR/SA/3/2011 at the National And State House of Assembly Election Tribunal Holden at Calabar (hereinafter called the Tribunal) on 16th May, 2011 which petition was indisputably received by the appe…