The All Nigeria People's Party (ANPP) scheduled all its primary elections to hold on the 3rd day of January, 2003. In the case of Jigawa State, the primaries were to hold in Dutse, the Jigawa State Capital. The party however set up a Committee to conduct the screening of candidates as well as the primary election in Kano. The Appellant was the only gubernatorial candidate who appeared in Kano for screening and the Committee returned him as winner. Meanwhile, another primary election was conducted in Dutse, in which the 1st Respondent participated and was declared winner. The Appellant did not participate in the Dutse exercise. The ANPP approved the Dutse elections and issued the 1st Defendant with a certificate of recognition on 7th January, 2003.

On the 8th of January, 2003 the Appellant commenced an action against the Respondents at the High Court of the Federal Capital Territory, Abuja claiming a declaration that the purported return of the 1st Defendant/Respondent as the 2003 ANPP Gubernatorial candidate for Jigawa State was unconstitutional, being a violation of the Appellant's right to fair hearing and right to be elected for any elective office. He also sought an order of injunction to restrain the Respondents from interfering with his aforementioned rights.

The learned trial judge granted the application for an Order of Injunction ex parte. Subsequently, the 1st to 3rd Respondents filed a Notice of Preliminary Objection, which was dismissed by the trial judge. They then appealed against the dismissal and applied for a stay of proceedings pending appeal. The learned trial judge refused to stay the proceedings, even when the 1st to 3rd Respondents applied to the Court of Appeal for a stay of proceedings and notified the trial Court that the application had been fixed for hearing. On the 5th of February 2003, when the Court of Appeal was to hear the application for stay of proceedings, the trial Court gave its judgment against the Respondents. The Respondents' subsequent appeal was allowed by the Court of Appeal, which held, inter alia, that the trial Court lacked territorial jurisdiction to hear the case. The Appellant appealed to the Supreme Court for a reversal of the Court of Appeal decision.