The appellant/petitioner and the 1st respondent contested for the chairmanship election of the Yamaltul Deba Local Government Council of Gombe State on the 5th of December 1998 on the platforms of the All Peoples Party (APP) and the Peoples Democratic Party (PDP) respectively. The appellant scored 67,785 votes and the 1st respondent scored 68,723 votes and was duly returned as the elected Chairman. The appellant/petitioner not being satisfied with the results of the election filed a petition on the 18th of December 1998 before the Gombe State Local Government Election Tribunal alleging that the 1st respondent was not duly elected by a majority of the lawful votes cast and that the election was voided by corrupt practices and election offences contrary to the provisions of the electoral Decree 36 of 1998.

The Election Tribunal after hearing the parties dismissed the petition and affirmed the election of the 1st respondent as the Chairman Yamaltu Deba Local Government Council. The petitioner who will henceforth be referred to as the appellant being dissatisfied with the decision of the Election Tribunal, henceforth to be referred to as the trial tribunal has now appealed to the court of appeal.