These proceedings originated in an application ex parte under regulation 140 of the Northern House of Assembly (Elected Members) Electoral Regulations, 1956, for an order by the High Court, Kano fixing the security to be given by the appellant who was the intending petitioner in an Election Petition against the election of the Respondent as a Member of the Northern House of Assembly.

The result of the election was published in the Northern Region of Nigeria Gazette No.56 of 17th November, 1956, the application asking the Court to fix the amount of security to be given was filed on 14th December, 1956.

Regulation 140(3) reads:

The learned trial Judge held that the Regulation precluded him from making the order prayed because more than one month had expired since the Gazette publication of the result of the election of the respondent. He accordingly dismissed the application, and it is against that decision this appeal was lodged.