The dispute between the parties in this appeal arose from the election of the 1st Respondent as the Governor of Niger State following the nationwide election held on 14th April, 2007, in which the declaration of the results thereof on 15th April, 2007, saw the 1st Respondent as the winner. The Appellants who lost at the election filed their Election Petition at the Election Tribunal and sought for the nullification of the election. The Election Tribunal after giving the parties a hearing dismissed the 1st Respondent's Preliminary Objection to the hearing of the petition and proceeded to dismiss the petition as well on the merits.

Aggrieved by the decision of the Election Tribunal, the Appellants appealed against it to the Court of Appeal while the 1st Respondent also crossed-appealed. After hearing the appeal and the cross-appeal, the Court of Appeal in its judgment delivered on 19th February, 2009, dismissed the appeal but proceeded to allow the cross-appeal holding that the Appellants' petition was filed out of time and therefore statute barred and consequently dismissed the same.

However on 1st April, 2009, the Appellants filed a Motion on Notice at the Court of Appeal, Abuja, urging it to set aside its decision given on 19th February, 2009 ex-debito fustitiae for being a nullity. It is not in dispute that the judgment of 19th February, 2009, which the Appellants wanted to be set aside on the ground that it was a nullity, arose from the decision of the Election Tribunal. The Court of Appeal therefore after hearing the parties on the application, struck out the same in its Ruling given on 17th June, 2010. It is against this Ruling that the Appellants have now appealed to the Supreme Court.