The appellants in this interlocutory appeal have applied by a notice of withdrawal filed with the registrar of this court on 8/6/20 I 0 to withdraw the instant appeal pursuant to Order 8 Rule 6(I) and (4) of the rules of the Supreme Court as amended (hereinafter called the "Rules"). Before now, there has been an earlier notice of withdrawal of appeal filed by the same appellants and it has been dealt with in the ruling of this court given on 4/6/2010.

This matter I must point out has come on appeal to this court following the appellants being dissatisfied with the ruling of the Court of Appeal refusing the appellants' leave to raise fresh issues in appeal No.CA/A/276/ 2008 before it; the appellants have appealed the matter to this court. In this court, the appellants have filed a notice on 8/6/2010 to withdraw the appeal.

The respondents having been duly served the instant notice of withdrawal of appeal filed on 8/6/2010 by the appellants have respectively reacted rather negatively to the notice of withdrawal of appeal by filing notices opposing the withdrawal by refusing their consents.

The account of the facts of this matter is very simple: Following upon the declaration of the 2nd respondent by the 15t respondent as the winner of the Governorship election in Sokoto State held on 14/4/2007, the appellants have instituted an election petition before the Governorship and Legislative Houses Election Tribunal challenging the return of the 2nd respondent as the lawful winner of the said election. The petition on being dismissed, the appellants have appealed to the Court of Appeal, Kaduna which in allowing the appeal has nullified the said election and has ordered a re-run of the election for the candidates and the parties as per exhibit 'R8' annexed to the petition. A re-run election as ordered by the Court of Appeal, Kaduna has been conducted on 24/5/2008 it still has been won by the 2nd respondent.

The appellants being dissatisfied with the result of the re¬run election again have challenged the result before the election tribunal which has dismissed the petition for lack of jurisdiction to interpret the judgment of the Court of Appeal, Kaduna in appeal No CA/K/EP/GOV/10/07 of 11/4/2008 in which it has directed in the re-run election the participation of all the candidates and the parties as per exhibit R8. The appellants aggrieved by the decision have appealed the decision to the Court of Appeal, Sokoto in appeal No. CA/S/EP/GOV/10/2009 - and the appeal is still pending thereat.

Meanwhile, on 25/8/2008, the appellants have commenced another action at the Federal High Court Abuja by originating summons as per suit No. FHC/ABJ/CS/260/2008 against the respondents praying for the interpretation of the judgment of the Court Appeal in appeal No. CA/K/EP/GOV/l0/07.The Federal High Court has dismissed the suit for want of jurisdiction to do so. Again, dissatisfied with the decision the appellants have appealed the same to the Court of Appeal, Abuja as per appeal No. CA/A/276/2008, asking the court to declare as per the decision of the Court of Appeal, Kaduna in Appeal No. CA/K/EP/GOV/10/07 that the 2nd respondent is disqualified from contesting the Sokoto State Governorship re-run election held on 24/5/2008.

In the course of the proceeding in the said appeal in that court the appellants have applied for an order to raise fresh issues to the effect that the Federal High Court has the power to enforce the judgment as per appeal No. CA/K/EP/GOV/10/07 of the Court of Appeal, Kaduna. On the application being refused they have now appealed the matter to this court by the instant interlocutory appeal.

However, before the appeal has been called for hearing in this court, the appellants have filed a notice of withdrawal of appeal against all the respondents pursuant to Order 8 rule 6(1) and (4) of the rules. I must however, recall that before now a notice of withdrawal of appeal filed by the same appellants has been disposed of as encompassed in the ruling of this court delivered on 4/6/2010 which has declared the said notice of withdrawal of appeal incompetent. I shall come to deal with how this finding has resonated with other facts and circumstances occasioning the instant matter.