The appellant/respondent and the respondent/applicant were candidates in the Rivers State gubernatorial elections. Applicant contested on the platform of the All Nigerian Peoples Party (ANPP), while the respondent contested on the platform of the Peoples Democratic Party (PDP).

Respondent was returned as duly elected. The applicant then filed a petition in the Governorship and Legislative Houses Election Tribunal of Rivers State (the Tribunal) challenging the result. The respondent subsequently filed a notice of preliminary objection to the petition.

The Tribunal upheld the objection and struck out the petition. The applicant then appealed to appeal to the Court of Appeal, which unanimously allowed the appeal and ordered the Tribunal to hear the petition on its merits.

Dissatisfied the respondent filed a Notice of Appeal at the Supreme Court. The applicant in turn filed a Notice of Preliminary Objection seeking an order to strike out the appeal in limine for incompetence.