AUGIE JCA (Delivering the Lead Judgment): The appellant who contested the Governorship election in Cross River State, filed a petition at the Cross River State National Assembly/Governorship and Legislative Houses Election Tribunal (hereinafter referred to as the Tribunal), wherein he claimed “to have a right to be returned or elected at the said election”. He also alleged that based on the scores arbitrarily allocated by the respondents, Mr. Donald Duke, 1st respondent, was declared winner of the said election, and that the 1st respondent was not qualified to contest the said election. By a motion dated 17th June, 2003, the 1st respondent A prayed the Tribunal for an enlargement of time to file his reply to the petition. Petitioner’s counsel opposed the application on the ground that there was no application for extension of time to file a memorandum of appearance. Overruling this objection, the Tribunal in a ruling delivered on the 1st of July, 2003, held that the 1st respondent “…
USANI
V.
DUKE
(2003) JELR 55223 (CA)
Court of Appeal 5 Nov 2003 Nigeria
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Case Details
Suit Number:CA/C/CRS/GOV/EPA/74/2003
Judges:SULE AREMU OLAGUNJU JCA (Presided) MICHEAL EYARUOMA AKPIRORO JCA KUMAI BAYANG AKAAHS JCA MUSA DATTIJO MUHAMMAD JCA AMINA ADAMU AUGIE JCA (Read the Lead Judgment)
Counsel:Dr. Tony Ukam (with him, Paulinus E. Asuquo) - for the Appellant. F
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Chief G. G. Onyia (with him, Nta A. Nta) - for the 1st Respondent.
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Chief H. O. Ogbodu - for the 2nd - 21st & 23rd Respondents.
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Joe Agi Esq., (with him, P. Ekun Esq.,) - for the 22nd Respondent.
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