On the 14th of January, 2008, the 1st Respondent filed an Election Petition Suit No. ELGEP/02/08 at the Local Government Council Election Tribunal, Benin against the Appellant, his Political Party, People's Democratic Party, Edo State Independent Electoral Commission and three others, complaining of being unlawful excluded after being validly nominated as candidate of the People's Democratic Party in the election to the office of the Chairman Egor Local Government, Edo State. The Local Government Election was held in Edo State on the 16th of December, 2007 and the Appellant Hon. Ehioze Egbarevba was declared the winner of the election to the Office of the Chairman, Egor Local Government Council of Edo State. In a judgment delivered on the 16th of April 2008, the Tribunal declared the 1st Respondent's petition incompetent and dismissed it. Being aggrieved by that decision, the 1st Respondent filed an appeal to the High Court of Edo State sitting as Edo State Local Government Election Appeal Tribunal. In the judgment of the Appeal Tribunal delivered on the 1st of August 2008, the judgment of the Election Tribunal was upturned. The consequential order of the Appeal Tribunal was that the Edo State Independent Electoral Commission should withdraw the certificate of return issued to the Appellant and that the 1st Respondent be issued with a fresh Certificate of Return as duly elected Chairman of Egor Local Government Council. Since the appeal to the Local Government Appeal Tribunal is final, the Appellant proceeded to seek redress at the High Court of Justice of Edo State in the form of a prerogative order of certiorari to quash the proceedings and judgments of both the Local Government Election Tribunal and that of the Local Government Appeals Tribunal. The Appellant obtained leave of the High Court, which was granted on the 22nd of September, 2008 while the certiorari proceedings was heard by Okungbowa J., of the Benin High Court. In the reserved judgment of the High Court delivered on the 23rd of January 2009, it was held that both the trial Tribunal and the Appeal Tribunal had no jurisdiction to hear and determine the claim of the 1st Respondent as petitioner. The High Court found that the 1st Respondent's complaint bothered on pre-election matters. Consequently, the High Court quashed the proceedings and the judgment of the trial Tribunal in petition No. ELGLP/02/08 and the proceedings and judgment of the Appeal Tribunal in LGEAT/02/08. Dissatisfied, the 1st Respondent appealed to the Court of Appeal, Benin, contending that the High Court does not have supervisory jurisdiction over the Local Government Election Petition Tribunal. On the 20th of April, 2009, the Court of Appeal decided that the decision of the Edo State Local Government Election Appeal Tribunal is final by virtue of the provisions of Section 36(3) of the Local Government Electoral Law of Edo State, 2002 and set aside the judgment of the High Court of Justice Edo State, allowing the appeal of the 1st Respondent. Aggrieved, the Appellant appealed to the Supreme Court.