In August, 1979, Presidential elections were held with the petitioner been one of the candidates from the party known as UPN. When results were released, the 1st respondent (NPN candidate) scored the highest number of votes, after all the votes cast throughout the election had been added up, while the Petitioner scored the next highest.

In August, 1979, Presidential elections were held with the petitioner been one of the candidates from the party known as UPN. When results were released, the 1st respondent (NPN candidate) scored the highest number of votes, after all the votes cast throughout the election had been added up, while the Petitioner scored the next highest.

Petitioner filed a petition at the Electoral Tribunal Lagos State contending that the interpretation of the words used in S. 34A(1)(c)(ii) of the Electoral act which was "not less than one-quarter of the votes cast at the elec¬tion in each of at least two-thirds of all the states of the Federation used in section”

The tribunal interpreted the expression "two-thirds of the States in the Federation" in the subsection 34A(1)(c)(ii) to mean "twelve two-thirds States". In relating this interpre¬tation to the votes scores by the 1st respondent in the election was that as the domi¬nant requirement in the election was the number of votes cast in each of the States, "two-thirds State" would be synonymous with two-thirds of the total votes cast in that State and not the physical or territorial area of such a State and that since the 1st respondent had scored more than 25% (one-quarter) of the total votes in two-third of Kano State (i.e. the two-thirds of the thirteen States of the twelve two-thirds States required) then he had satisfied the provisions of Section 34(i)(c) and (ii) of the Electoral Decree and was thus duly returned by the 3rd respondent as duly elected President of the Federal Republic of Nigeria.

The Petitioner appealed to the Supreme Court.