Eno Ekapong Ofem & Anor V. Hon. Bassey Eko Ewa & Ors (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

M. B. DONGBAN-MENSEM, J.C.A (Delivering the Leading Judgment)

This is an appeal against the Judgment of the National and State Assembly Election Petition Tribunal sitting in Calabar, Cross River State of Nigeria delivered on the 4th November, 2011, dismissing the Petition filed against the return of the 1st Respondent as the winner of the Abi/Yakurr Federal Constituency Election held on the 26th April, 2011.

The Appellants who were dissatisfied with the decision of the Tribunal coram:

Hon. Justice G. M. Nabaruma – Chairman

Hon. Justice S.U. Dikko – Member

Hon. Justice A.K. Baaki – Member

filed a notice of appeal on the 15th November 2011. The facts which gave rise to the appeal are stated in the appellant’s brief of arguments as follows:

”i. Election was held into the Abi/Yakurr Federal Constituency of Cross River State of Nigeria for the seat of the house of Representatives on Saturday the 26th April, 2011. The 1st Appellant was sponsored by the 2nd Appellant, Action Congress of Nigeria.

ii. The 1st Respondent contested the election under the aegis of the 4th Respondent. At the conclusion of the election the 3rd Respondent announced or declared the 1st Respondent as the winner of the said election.

iii. The 1st Appellant was deeply aggrieved with the return of the 1st Respondent as the winner of the Petition, thus the 1st Appellant presented a petition before the National and State Assemblies Election Petition Tribunal on the 17th day of May, 2011.

iv. After the service of the petition on the Respondents, the Respondents filed their replies to the petition.

v. At the pre-trial session the 1st Respondent raised a preliminary objection to certain paragraphs of the Petition and the Tribunal sustained the objection by striking out the offensive paragraphs of the Petition.

vi. At the hearing of the Petition, the Appellants called 12 witnesses and tendered a number of documentary evidence.

vii. The Respondents did not call evidence but rested their case on that of the petitioners.