The petitioner/appellant and the 1st respondent were contestants in the Ward 6 councillorship election of Opobo/Nkoro local Government Area of Rivers State which took place on 5th December, 1998. The 1st respondent who was sponsored by the All Peoples Party (A.P.P.) defeated the petitioner/appellant, candidate of the Alliance for Democracy (A.D.) by polling 2,588 votes to the petitioner’s 2,315 votes. She therefore challenged the declaration of 1st respondent as winner by claiming that she won majority of lawful votes in the said ward 6 councillorship election and ought to have been returned.

The election tribunal cancelled the votes cast in Ada Gbupo polling unit since there were more votes cast than the registered voters in that polling unit.

The tribunal confirmed that the 1st respondent was duly elected by majority of lawful votes and dismissed the petition.

Dissatisfied, appellant appealed to the Court of Appeal.