(2011) JELR 49254 (CA)    

Court of Appeal  ·  CA/C/NAEA/236/2011 ·  26 Oct 2011 ·  Nigeria
UZO I. NDUKWE-ANYANWU Justice of The Court of Appeal of Nigeria EJEMBI EKO Justice of The Court of Appeal of Nigeria JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria
Core Terms Beta
electoral act
1st schedule
hearing session
4th respondents
form tf
joint reply
provisions of paragraph
1st respondent
2nd respondent
chairman of the tribunal
dint of paragraph
dismissal of the petition
new panel of the tribunal
presiding justice
return of the 1st respondent
second panel
trial tribunal
1st appellant
2nd appellant
akwa ibom state
appellate court
clear case of dereliction of duty
close of the pleadings
due process of law
extreme circumstances
final decision
given time
hearing of this appeal
inspite of the clear provisions of paragraph
joseph tine tur
leading judgment
natural justice
panel of the election tribunal
pertinent issues
presiding justice of the court
public policy
respective replies
said paragraph
state houses of assembly election petition tribunal
utter disregard
uzo i. ndukwe-anyanwu
view of the provision of paragraph
view of the workload of the first panel

EJEMBI EKO, J.C.A.(Delivering the Leading Judgment): On 7th September, 2011 the National And State Houses of Assembly Election Petition Tribunal sitting in Uyo in Akwa Ibom State dismissed the petition filed jointly by the appellants challenging the return of the 1st Respondent to Akwa Ibom State House of Assembly. The election was conducted by the 3rd and 4th Respondents on 26th April, 2011. The 1st Respondent, for that election, was sponsored by the 2nd Respondent. For that election, also, the 1st appellant was the candidate sponsored by the 2nd appellant.

The Appellants, as petitioners, filed their petition on 17th May, 2011 against the return of the 1st Respondent. The petition was served on the 1st Respondent on 20th May, 2011. The 2nd Respondent was served the petition on 24th May, 2011.

The 3rd and 4th Respondents were served on 23rd May, 2011.

On 2nd June, 2011 the 1st and 2nd Respondents filed their joint reply to the petition and it was on the same day served on the Appellan…

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