At the end of the Governorship election conducted in Delta State on 14th April, 2007, the Appellant was declared the winner having scored 1,443,000 votes cast while the 1st Petitioner/Respondent scored 46, 869 votes. The Petitioners/Respondents were dissatisfied with the result of the election and presented an election petition wherein they claimed that the election was not conducted on the said 14th April, 2007and that the Appellant did not score majority of lawful votes cast in the election. On May, 2008, the Governorship/Legislative Houses Tribunal Delta State, Asaba (hereafter simply called the Tribunal) held that it lacked jurisdiction to entertain the petition and to this end, struck out the petition in its entirety. Dissatisfied with that ruling, the Petitioners/Respondents filed a notice of appeal which was entered as Appeal No. CA/B/EPT/205/2008 - Chief Great Ovedje Ogboru & Anor vs. Dr. Emmanuel Ewetan Uduaghan & Ors. (hereinafter called Ogboru’s appeal).