The appeal is from the decision of the Local Government Election Petition Tribunal, Benue State, which sat in Makurdi.

The only ground of the petition set out in paragraph 9 is complaining that "the election of the 1st respondent or declaration of the 1st respondent as elected was invalidated and or void by reason of substantial non-compliance with the relevant mandatory provisions of the Local Government (Basic Constitutional and Trasitional) Provisions Decree, 1998."

Full particulars also set out in the petition complained of the results of the voting which was peacefully conducted but its result was affected by incidents which occurred after the counting of votes. This event, the petitioner complained, altered the result from 385 for 1st respondent and 58 for the petitioner to 495 for 1st respondent and 1999 for the petitioner.

This malpractice the petitioner averred substantially altered the result in favour of the 1st respondent to his detriment.

The respondents filed replies to the petition.

Trial concluded, after taking evidence from the parties and their witnesses, the Election Tribunal in its judgment delivered on 16/2/97 found for the petitioner. It declared the 1st respondent's election null and void and ordered the return of the petitioner Joseph lornongu Ako as the duly elected Councillor for Shorov Council Ward of Buruku Local Government Council.

Dissatisfied, the petitioner appealed to the Court of Appeal.