HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A.(Delivering the Lead Ruling): This case is in respect of the selection of candidate for the stool of District Head of Waryi in Ningi Emitate Council of Ningi Local Government Area of Bauchi State. The Applicants, as plaintiffs, commenced the action in the lower Court in Suit BA/58M/2011 against the Respondents, as defendants. The Respondents filed an application dated and filed on the 6th of April, 2011 challenging the competence of the action on the grounds of want of jurisdiction on the part of the lower Court and that the action was caught by the doctrine of estoppel by conduct on the part of the second Appellant. The Respondent prayed that the action be struck out. The lower Court took arguments of the application and it granted the application in a considered Ruling delivered on the 11th of July 2011 and it struck out the case of the Applicants.
The Applicants did not appeal against the Ruling at the time. They have now filed before this Court…