The appellant and the 1st respondent were candidates for the councillorship seat of S.S. Vapuar Ward in Madagali Local Government Area of Adamawa State on the platforms of the United Peoples Party and the All Peoples Party respectively.

At the end of the election, the 2nd respondent collated the results, excluding the results of two of the twelve polling units, namely Dugun and Gufak. Only the results of ten polling units were added giving the appellant the majority of votes, in consequence of which he was returned as the councillor.

The 1st respondent challenged the result at the Election Tribunal, which declared that the result in Dugun polling unit was added to the overall result of the parties and in consequences the 1st respondent scored a higher number of votes. He was accordingly declared the winner.

Aggrieved, the appellant appealed. After exchange of briefs of argument, the 1st respondent raised a preliminary objection to the effect that the omnibus ground of appeal is defective and incompetent, not being an appropriate ground of appeal in a civil case and furthermore, that the two issues as formulated and argued in the appellant's brief do not arise from the two grounds of appeal.