In the petition No. LGEP/IM/98 Ethelber Nnana Eze stood election for the officer of Chairman of Oguta Local Government Council on the platform of the People's Democratic Party along with others namely Gideon Nwaeze of the APP, Francis Unyimadu of the UPP, Engr, Azuogu of MDJ and R.S. Okeke of the AD.

At the end of the elections, INEC the 2nd respondent declared 1st respondent, Dr. Gideon Nwaeze of the APP as the winner of 6/12/98 and returned him as Chairman-elect of Oguta Local Government.

The petitioner was dissatisfied with his result hence he filed and election petition before the Local Government Tribunal of Imo State.

In the petition No. LGEP/IM/47/98 Unyimadu stood election for the office of Chairman of Oguta Local Government on the platform of the United Peoples Party, UPP along with 3 others namely: Nnana Eze of the PDP, R.S.M. Okereke of the AD and D. Azogu of MDJ.

At the end of the elections, INEC, the 4th respondent declared the 1st respondent Dr. Gideon Nwaeze of the APP as the winner of 6/12/98 and returned him as Chairman-elect of Oguta Local Government.

The petitioner was dissatisfied with this result hence he filed an election petition before the Local Government Tribunal of Imo State.

At the trial/hearing of the two petitions, the petitioner in LGEP/IM/47/98 applied to the Election Petition Tribunal for a consolidation of the two petitions. The tribunal granted the application and made an order consolidation of the two petitions. The tribunal granted the application and made an order consolidating the two petitions together for trial on 13/1/99.

At the hearing of the two petitions, they were dismissed.

The petitioners were dissatisfied with the judgment of the tribunal and they appealed to the Court of Appeal.