UBEH & ANOR
V.
ETUK & ORS

(2011) JELR 49249 (CA)

Court of Appeal · CA/C/NAEA/223/2011 · 13 Oct 2011 · Nigeria

CORAM

UZO I. NDUKWE-ANYANWU 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

tribunal

learned counsel

application

3rd respondent

hearing notice

electoral act

1st schedule

issues

counsel

appeal

instant case

record of appeal

tribunal no.

8th july

grounds of appeal

leave of the tribunal

lone issue

second issue

1st respondent

argument of the learned counsel

decision of the tribunal

doctrine of stare decisis

ikoro v. izunaso

lower court

1st appellant

1st schedule of the electoral act

2nd appellant

2nd respondent

appeal court

applicable principle

cases of bello v

court of appeal decision

election petition no. ept

election petition of the appellants

fbn plc v. tsokwa

force of paragraph

hearing of the petition

honorable extension tribunal

important facts

learned tribunal

principle of law

provisions of paragraph

record shows

requirement of the law

return of the 1st respondent

s. s. ufort esq

state house of assembly election petition tribunal

state of the pleadings

way of motion

ISAIAH OLUFEMI AKEJU, JCA (Delivering the leading Judgment): At the election conducted by the 3rd respondent on 26th April, 2011 into the Uruan State Constituency seat of Akwa Ibom State House of Assembly, the 1st appellant and 1st respondent were the candidates sponsored by the 2nd appellant and 2nd respondent respectively. Other candidates who are not parties to this appeal also contested the election. At the end of the election, the 3rd respondent declared the 1st respondent as the candidate that won the election and who was duly returned. The appellants were dissatisfied with the declaration and return of the 1st respondent and they filed Election Petition No. EPT/AKS/HA/21/2011 before the National and State House of Assembly Election Petition Tribunal (hereinafter called the Tribunal) sitting at Uyo. The appellants as petitioners filed their petition on 17th May, 2011 and served same on all the respondents. The respondents did not file their reply within the time allowed by the E…

UBEH & ANOR V. ETUK & ORS

UBEH & ANOR
V.
ETUK & ORS