The Federal Court of Appeal, Calabar, on Wednesday upheld the election of Rep. Nkoyo Toyo of the Peoples Democratic Party (PDP).
Toyo contested the election on the PDP platform for Calabar Municipality/Odukpani Federal Constituency of Cross River.
In a lead judgment delivered by Justice Joseph Tine-tur on the appeal brought by Mr Eyo Ekpo of the Action Congress of Nigeria (ACN), the court said that the appeal lacked merit.
The court said that the earlier judgment by the election petitions tribunal was right as the appellant failed to provide evidence that the election failed to comply with the provisions of the Electoral Act.
In his reaction, the Counsel to the Respondent/PDP, Mr Ogar Egodo, said that he was satisfied with the judgment.
“I am satisfied with the judgment,” he said.
Also reacting, Counsel to the Petitioner, Mr Ballantyne William, said that he had accepted the judgment.
“It all started from the first respondent that used section 90 (b) of the Evidence Act to disqualify all witnesses listed.”
William described the judgment as a court order rather than a judgment, adding that, he would proceed to the Federal High Court for the interpretation of Sect. 228 (1999) as amended.
“It was an infraction of court judgment and we will pursue it to the Federal High Court to interpret section 228 (1999) as amended,” William said.
The ACN Candidate Ekpo had gone to the Appeal Court to challenge the judgment of the Cross River Elections Petition Tribunal which upheld the election of Toyo of the PDP.