The facts of the case are that on the 5th day of December 1998, the 2nd respondent conducted an election to the office of Chairman, Kebbi Local Government Council of Sokoto State. The appellant and 1st respondent contested that election on the platforms of Peoples Democratic Party and All Peoples Party respectively. At the end of the exercise, 2nd respondent declared the 1st respondent as the fully elected Chairman of Kebbi Local Government Council as a result of which the appellant who felt aggrieved filed an election petition before the aforementioned tribunal.

After trial, the tribunal, in a considered judgment delivered on 8th February 1999, dismissed the appellant's petition.

Dissatisfied with the judgment of the tribunal, the appealed to the Court of Appeal.