The salient facts giving rise to the applications pending before this Court are that Governorship Election was held in Sokoto State on the 14th day of April 2007, The 2nd Respondent herein Aliyu Magatakarda Wamakko, who was fielded by the PDF was returned as the winner of the said election having scored the highest number of votes cast. The 1st Appellant/Applicant, Alhaji Muhammadu Maigari Dingyadi, who had contested the same election as the candidate of the Democratic People’s Party DPP, scored the second highest number of votes. He was not satisfied with the results of the election and he filed a petition before Governorship and Legislative Houses Election Tribunal, Sokoto, challenging the declaration and return of the 1st Respondent as the winner. The petition was dismissed. There was an appeal by the Appellants to the Court of Appeal Kaduna. The appeal was allowed. The election of the 14th day of April, 2007, was nullified. The Court of Appeal, Kaduna ordered fresh election between the same candidates and same parties as appeared in the statement of result sheet. Fresh election was accordingly conducted on the 24th of May, 2008. The 2nd Respondent still won with overwhelming votes. Dissatisfied with this result, the Appellants filed a petition before the Sokoto Governorship Tribunal in Petition No. SS/EPT/GOV/1 /2008.

At the end of hearing, the Tribunal dismissed the petition on lack of jurisdiction to interpret the judgment of the Court of Appeal, Kaduna. The Appellants appealed to the Court of Appeal Sokoto in Appeal No. CA/S/EP/GOV /10/09, which is still pending in that Court.

Meanwhile, the Appellants had filed on 25/8/08 a suit before the Federal High Court, Abuja, through originating summons in suit No. FHC/ABJ/CS/260/08 praying for the interpretation of the judgment of the Court of Appeal, Kaduna Division. On the 17th of July, 2008, the Federal High Court, Abuja, dismissed the suit on the ground that it has no jurisdiction to interpret the judgment of the Court of Appeal, Kaduna. The Appellants were further dissatisfied with the said judgment of the Federal High Court, Abuja, and they appealed to the Court of Appeal, Abuja Division, in appeal No. CA/A/278/08. While this appeal was pending, the Appellants filed an application in the Court of Appeal Abuja for leave to raise fresh issue not raised at the Federal High Court i.e. the Federal High Court Abuja had jurisdiction to enforce the judgment of the Court of Appeal, Kaduna. The application was opposed and in its ruling of 30th November, 2009, the Court of Appeal Abuja Division, refused to grant the prayer to raise fresh issues. It is against this ruling that the Appellants appealed to this Court