The appellant and the 1st respondent contested the senatorial election for the Jigawa North-East Senatorial Zone. At the conclusion of the election, the 1st respondent was returned as duly elected by the 2nd respondent.

The appellant was not satisfied with the outcome of the election, and consequently filed a petition against the respondents the respondents praying the Election Tribunal to set aside the return of the 1st respondent and return him (the appellant) as duly elected.

The 1st respondent filed a conditional appearance and raised a preliminary objection as to the competence of the petition. The bone of contention was that the appellant failed to give the name of the occupier of his address for service at the foot of the petition where he merely wrote "C/O APP HEADQUARTERS KAZAURE, ROAD, DUTSE JIGAWA 3 STATE."

The tribunal struck out the petition being incompetent and the appellant appealed to the Court of Appeal.