The facts of the present case are that in 1992, the respondent sought to contest the National Assembly Election which the appellant had the authority to organise under the National Assembly (Basic Constitutional and Transitional Provisions) Decree No. 18 of 1992.

The respondent was cleared by the appellant State office at Uyo, Akwa Ibom State to contest the election. However, this preliminary clearance was subject to the final confirmation by the appellant's Chief Electoral Officer at its headquarters at Abuja. The Akwa Ibom State list of the contestants including the respondent was sent to Abuja but when the final list was sent to Uyo, it was found that the respondent was disqualified from contesting the election.

The appellant's State office believing that it was a mistake made all efforts to have the respondent cleared but the headquarters insisted that the respondent was disqualified and the reason given was that the respondent "Falsified the Tax Receipt of 1990 to obtain a Tax Clearance Certificate No.007492". The respondent was thus prevented from contesting the said election. It was as a result of this that the respondent filed an action at the High Court of Akwa Ibom State holding at Uyo, claiming as follows:

"The plaintiff claims against the defendant the sum of N28, 000,000.00 (Twenty-eight million Naira) being special and general damages for NEGLIGENCE in that sometime in June 1992 the defendant office in the State negligently credited the following remarks against the plaintiff: -

“NOT CLEARED: FALSIFIED 1990 TAX RECEIPT TO OBTAIN TAX CLEARANCE NO.007492"

which said remark was meant for one Nyong, Nsikan Joseph a National Republican Convention candidate (NRC) for Uyo Federal Constituency.

In consequence of the remarks negligently made against the plaintiff, the plaintiff was disqualified and prevented from contesting the National Assembly Elections on the platform of the Social Democratic Party."

Pleadings were ordered and duly filed and exchanged. The matter then went into a full trial at the end of which the learned trial Judge, Isua J. In a Judgment delivered on 22/2/96 entered Judgment in favour of the respondent in which she awarded him a total of N975, 115.00 as special and general damages for wrongfully depriving him of his right to contest the election.

Aggrieved and dissatisfied with this Judgment, the appellant has appealed to this court.