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PDP
V.
OTU & 3 ORS

(2015) JELR 40355 (CA)

Court of Appeal 7 Aug 2015 Nigeria
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Case Details

Suit Number:CA/C/NAEA/126/2015
Judges:MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria IGNATIUS IGWE AGUBE Justice of The Court of Appeal of Nigeria HAMMA AKAWU BARKA Justice of The Court of Appeal of Nigeria
Counsel:E. O. E. Ekong Esq. with O. A. Okon and l. M. Anana For Appellant Essien H. Andrew for 1st and 2nd Respondents3rd and 4th Respondents - Not represented though served. For Respondent

HAMMA AKAWU??BARKA, J.C.A. (Delivering the Leading Judgment).: This is an interlocutory appeal against the ruling/decision of the National and State Houses of Assembly Election Tribunal Holden at Calabar, the Cross River State capital in Petition No. EPT/CR/SE/215, between the Peoples Democratic Party (PDP) and Senator Bassey Edet Otu and 3 others delivered on the 18th of June, 2015.

In the said ruling which is at pages 1496 - 1497, the Tribunal ruled as follows:

"We have considered the argument and submissions of learned counsel on both sides. It is our view that at this stage of the proceedings, it is needless to deter (sic) into the legal distinction between a sworn affidavit within the meaning of S. 107-119 of the Evidence Act and Statement on Oath as prescribed by the First Schedule to the Electoral Act. This is for the reason that at this stage, the Statement on Oath being challenged by the 2nd Respondent one of that profuse evidence tort (sic) to be adduced by the Petitioners a…

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