The appellant and the 1st respondent contested the gubernatorial election of Gombe State on 9/1/99. They contested the election under the banners of their parties PDP and APP respectively. The 1st respondent was declared the winner of the election whereupon the appellant challenged the returning of the 1st respondent in an election petition.

There are two main planks to his case:

After carefully examining the matter the Election Tribunal decided that it was not competent to inquire into the qualification of the 1st respondent in that it is the preserve of INEC. And it equally held that the 1st respondent was elected by a majority of the lawful votes cast.

Dissatisfied with the decision, the appellant appealed to the Court of Appeal.