On 15th March, 1997, elections were conducted into the office of Chairman of Local Government Councils throughout Nigeria including Yarro Local Government Council of Taraba State. Solomon Yasaba, the petitioner, contested the election for the office of Chairman of Yarro Local Government Council under the platform of the United Nigerian Congress Party (UNCP) while the 1st respondent participated with the Democratic Party of Nigerian (DPN) as his sponsor. At the close of polls, the 1st respondent emerged as winner having scores a total of 6,040 against the petitioner’s 4,542 votes.

On 27th May, 1997, the petitioner filed a petition before the Local Government Council Election Tribunal sitting at Jalingo, Taraba State, challenging the election on the ground that the 1st respondent was not educationally qualified to contest the certificates as stipulated in section 10 of the Local Government (Basic and Constitutional Transitional Provisions), Decree No. 7 of 1997. The election Tribunal heard evidence and on 25th June 1997. The Election Tribunal heard evidence and on 25th June 1997 dismissed the petition.

Dissatisfied with that judgment, the petitioner on 8th of July, 1997 lodged an appeal before the Election Appeal Tribunal of Taraba State which on 11th of August, 1997 set aside the decision of trial tribunal and ordered a bye-election.

Against that judgment of the Appeal Tribunal, the 1st respondent has petitioned the election Review Panel which has transmitted to this court its written brief on the petition. The parties have also through their counsel filed briefs of argument.