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…

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