This is an appeal against the judgment of the National Assembly, Governorship and Legislative Houses Election Petition Tribunal sitting in Birnin Kebbi, Kebbi State in B petition No KB/EPT/HR/2/2007 wherein the Tribunal dismissed the Appellants' petition which said judgment was delivered on 10th October, 2007. On the 21st day of April, 2007 the 3rd Respondent, the Independent National Electoral Commission conducted elections into the House of Representatives in the Zuru/Danko/Wasagu/Sakabo/Fakai Federal Constituency of Kebbi State. In the said election, the 1st Appellant was a candidate sponsored by the 2nd Appellant the Democratic People’s Party (DPP). The 1st Respondent, who also was a candidate, contested on the platform of the 2nd Respondent, The Peoples' Democratic Party (PDP). One Haruna Abuyayi Chonoko of the ANPP also contested the said election. At the end of the election, the 1st Appellant scored a total of 11,084 votes, the 1st Respondent scored 130,997 while the ANPP candidate scored 24,590 votes. Based on this result, the 1st Respondent was declared winner and returned elected. Not being satisfied with the return of the 1st Respondent, the Appellants as petitioners, by a petition dated 21st May, 2007 challenged before the Lower Tribunal the return of the 1st Respondent as member representing the Zuru/Danko/Wasagu/Sakaba/Fakai Federal Constituency of Kebbi State. The Petition was-initially anchored on two grounds as contained in paragraph 13 of the petition. However the petition was fought on one ground only, i.e. that the 1st Respondent was at the time of the election, not qualified to contest the election. The second ground relating to non-compliance with the provisions of the Electoral Act. 2006, u was abandoned as contained on page 179 of the record of proceedings. At the end of trial, the Lower Tribunal upheld the election of the 1st Respondent and dismissed the petition for lacking in merit.

Dissatisfied with the stance of the Tribunal in dismissing their petition, the Appellants, on 30th October, 2007 filed Notice of Appeal