This is an appeal from the judgment of the Delta State National Assembly Election Tribunal holden at Asaba delivered on April 30th 1999. The judgment was in respect of two petitions filed against the declaration of the result of the election held on 20th February, 1999 in respect of the election into the Warri Federal Constituency seat. The two petitions with Nos. DT/EPT/NA/7/99 and DT/EPT/NA/9/99 were respectively filed by Dr. Alex Ideh and Mr. Emmanuel Orisetimeyin Orugboh against Miss Temi Harriman and others as defendants. The two petitioners and Temi Harriman were the candidates at the election. Dr. Alex Ideh was the candidate of the Peoples Democratic Party (PDP); Mr. Emmanuel Orugboh was the candidate of the Alliance for Democracy (AD); while Miss Temi Harriman was the candidate of the All Peoples Party (APP).

At the conclusion of the election, Miss Temi Harriman, the APP candidate was declared the winner. Each of her two opponents then filed a separate petition. But following an application made to the tribunal, the two petitioners were consolidated and heard together by the tribunal. Each of the two petitioners pleaded the facts relied upon in support of the respective petition and they also made identical prayers from the tribunal.

Evidence was led by the parties during the hearing and at the conclusion of the hearing the tribunal delivered its reserved judgment on 30/4/99. In it, the tribunal held, inter alia that the two petitioners succeeded and that the election held in the Warri Federal Constituency on 20/2/99 as a result of which the 1st respondent was declared elected, was null and avoid. The 1st respondent (Miss Temi Harriman) was dissatisfied with the verdict handed down by the tribunal. She accordingly appealed against it to the Court of Appeal.