The Independent National Electoral Commission (INEC) had declared the Peoples Democratic Party (PDP) candidate in the election, Chief Lazarus Ogbee, as the winner of the election, polling 31,296 votes, while Ogah got 27,700 votes.
Dissatisfied with the results, Ogah had proceeded to the tribunal alleging that there were deductions from the votes cast for him in some polling units and wards in the election and should be declared winner of the election.
The Chairman of the tribunal, Justice Sika Henry, ruled that from the evidence presented before the tribunal to back up his claim, Ogah scored 36,238 votes in the election, while Ogbee got 33,263.