The appellant also urged the court to declare him as the elected candidate who scored mOtu, who anchored his appeal on 12 grounds, prayed the court to set aside the Oct. 12 verdict of the lower tribunal or alternatively order a retrial.
Sen. Bassey Otu of the Labour Party (LP) has appealed against the verdict of the National Assembly and State Houses of Assembly Election Petition Tribunal in Cross River.
The tribunal had upheld the election of Sen. Gershom Bassey of the Peoples’ Democratic Party (PDP) as the winner of March 28 polls in Cross River south senatorial district.
Otu, who anchored his appeal on 12 grounds, prayed the court to set aside the Oct. 12 verdict of the lower tribunal or alternatively order a retrial.
He said the lower tribunal erred in law by not hearing the petition afresh after the panel had been reconstituted.
Otu said the refusal of the panel to conduct fresh proceedings denied the appellants the opportunity of prosecuting their petition and deprived them their constitutional rights.
Otu said the tribunal erred in law by denying the appellants right to fair hearing when it refused to consider their argument on the qualification of Bassey to contest the election.
He also said that the decision of the lower tribunal was against the weight of evidence, and therefore, urged the appellate court to allow Otu’s appeal.
ajority of lawful votes cast in the March 28 election.