The 1st respondent herein conducted election to the office of Governor of Lagos State on 11th April, 2015. Whilst the appellant was the candidate of the People’s Democratic Party (PDP), the 2nd respondent was the candidate of 3rd respondent. Having scored the majority of lawful votes cast at the said election and also satisfied all requisite Constitutional requirements as to geographical spread of victory, the 2nd respondent was returned as the duly elected Governor of Lagos State.

Dissatisfied with the declaration of the 2nd respondent as Governor, the appellant, jointly with his sponsoring political party, PDP, filed a petition at the trial tribunal, specifically seeking the ultimate relief for the return of the appellant as duly elected Governor of Lagos State. The 2nd and 3rd respondents separately filed notice of objection to the petition by way of motion on notice and notice of preliminary objection respectively. On 25th June, 2015, the tribunal took arguments on the sequence of proceedings as to whether to determine the motion filed during pre-hearing or take it at the close of hearing of the substantive petition. In view of the fact that a separate motion had been filed, the trial tribunal ruled on 26th June, 2015 that the application challenging its jurisdiction would be heard and determined during the pre-hearing stage. The said application was determined and its success invariably led to the striking out of the petition.

Upon the striking out of the petition by the trial tribunal, the appellant and his political party filed a joint appeal to the Court of Appeal. After filing and exchange of briefs of argument and the setting down of the appeal for hearing the appellant's political party, on the day fixed for hearing applied to discontinue the appeal and the Court of Appeal dismissed the appeal as it concerns the PDP. By a judgment delivered on 26th August, 2015 the Court of Appeal affirmed the decision of the trial tribunal which struck out the petition for incompetent. The lower court in other words dismissed the appellant's appeal as lacking in merit and upheld the view held by the trial tribunal.

The appellant is dissatisfied with the decision of the Court of Appeal and hence has filed Notice and grounds of Appeal on 8th September, 2015 to this court.