The Appellant a member of the Peoples Democratic Party (PDP), the 1st Respondent a candidate sponsored by the All Progressive Congress (APC) and six other candidates under the Platform of their respective parties, contested in the April 2015 election into the office of the Governor of Benue State. The 1st Respondent was declared the winner of the Election by the 3rd Respondent. Aggrieved by the result of the election, the Appellant challenged same at the Governorship Election Petition Tribunal constituted for Benue State on grounds that the 1st Respondent was not qualified/disqualified to contest the election,
The Appellant as the Accused person was charged before a High Court of Lagos State holden at Ikeja on a sole count of murder of one Corporal Agboola Oyeniran at Ipaja Lagos State. Contrary to section 319 (1) of the criminal code law of Lagos State. Upon arraignment the Appellant pleaded not guilty to the charge and the case proceeded to hearing.