On the 13th day of August, 1983, the Federal Electoral Commission conducted the gubernatorial election in Oyo State to the office of Governor of the State. Following the close of counting of the votes cast at the election, the returning officer appointed by the Federal Electoral Commission for Oyo State gubernatorial election, Mr. S. S. Ajibade, declared Dr. Victor Omololu Olunloyo the 1st respondent, duly elected. He contested the election under the sponsorship of the National Party of Nigeria (NPN). Chief Bola Ige, the petitioner/appellant, was also a candidate at the election, having been sponsored by the Unity Party of Nigeria (UPN). There were 4 other candidates, one each being sponsored by the NPP, the GNPP, the PRP and the NAP respectively, the result of the election declared by the 3rd respondent i.e. the returning officer showed that Dr. Victor Omololu Olunloyo re¬ceived a total of 1,603,267 votes while Chief Bola Ige received a total of 1,095,877 votes. Chief Bola Ige was not satisfied with the results so declared and decided to challenge the election. He presented and filed his election petition on the 22nd day of August, 1983.

There were 4 respondents to the petition namely:

At the trial, the Court, consisting of five Justices found as proved, that there had been wide spread violence in Ibadan and Ilesha and that the votes in those places had not been returned to any of the appropriate agents of Fedeco. The appellant sought to show that if the votes in the two areas aforementioned were counted, he would have won by a clear majority.

By a majority of 3 - 2, the court dismissed the appellants' petition, holding that he had not proved, by credible evidence, the facts alleged by him to be entitled to his reliefs.

He appealed to the Court of Appeal without success. The respondents also cross-appealed against the minority judgment of the Electoral Panel. This cross appeal was also dismissed.

An appeal to the Supreme Court was entered.