(1999) JELR 43815 (CA)    

Court of Appeal  ·  CA/C/EPA/26/99 ·  1 Mar 1999 ·  Nigeria
Other Citations
Otu v. INEC (1999) 5 NWLR (Pt. 602)250
Otu v. INEC (1999) 5 NWLR (Pt. 602) 250
JUSTIN THOMPSON AKPABIO Justice of The Court of Appeal of Nigeria SIMEON OSUJI EKPE Justice of The Court of Appeal of Nigeria OLUDADE OLADAPO OBADINA Justice of The Court of Appeal of Nigeria
Core Terms Beta
3rd respondent
decree no.
result of the election
date of the election
election result
result of the said election
constitutional court
court of appeal
honourable court
petition of the petitioner
returning officer
said petition
trial court
26th january
2nd respondent
appellate court
behalf of the 3rd respondent
common ground
effiong akpan akpan
eket urban ward
instant case
leading judgment
local government election
peoples party
statutory provision
28th day of december
6-paragraph affidavit
affidavit evidence
akwa ibom state
credible elections
date of filing of the petition
date of the result
decision of the final returning officer
decision of the local government election petition tribunal
declaration of scores of candidates
electoral laws
interprete sections
learned counsel
petition no. lget
prescribed time
requirements of decree no.
respect of akwa ibom state
result of a local government election
specific findings of fact
support of the motion

AKPABIO, J.C.A. (Delivering the Leading Judgment): This was an appeal against a decision of the Local Government Election Petition Tribunal in respect of Akwa Ibom State sitting at Uyo, under the Chairmanship of Omokri, J. delivered on the 26th January, 1999 in petition No. LGET/AK/23/98. Wherein the petition of the petitioner was struck out for being incompetent, in that it was filed outside the prescribed time. The petitioner being dissatisfied with that ruling has now appealed to this court. From henceforth the petitioner will in this judgment be referred to as the "appellant."

At the said Local Government election which took place on the 5th December, 1998, the appellant contested for the post of Councilor under the platform of the "All Peoples Party (APP) at Eket Urban Ward 11. Two other candidate contested against him viz.:- Effiong Akpan Akpan on, the platform of Alliance for Democracy (AD) while the third, one Isang Godwin Isaiah (now the 3rd respondent) contested on the platf…

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