ODILI, J.C.A. (Delivering the Lead Ruling): In a motion on notice dated 23rd June 2005 and filed on the same date, the applicant prayed for the following reliefs:-
1. An order of interlocutory injunction restraining the respondents either by themselves, their agents, servants or privies from investigating, trying or in anyway subjecting him to any judicial or quasi-judicial proceeding pending the determination of his appeal pending before the Supreme Court.
2. Further or other orders as this honourable court may deem fit to make in the circumstances.
In moving the motion learned counsel for the appellant/applicant Mr. Ben Omale stated that the application was brought pursuant to order 8 rule 12(3) of the Supreme Court Rules 1985, order 3 rule 3 of the Court of Appeal Rules and S.16 of the Court of Appeal Act.
Learned counsel referred to the 4 paragraph supporting affidavit deposed to by one John Usman, litigation secretary of Isaac Okpanachi and Company counsel to the appellant/appli…