Z. A. BULKACHUWA, J.C.A. (Delivering the Leading Judgment): This is an application filed on the 24th June, 2009 brought pursuant to Section 6(6)(a) of the 1999 Constitution of the Federal Republic of Nigeria and Order 7 Rule 1 of the Court of Appeal Rules, 2007 wherein the applicant prays for:
'An order of this Court that a fresh panel of this Honourable Court sets aside ex-debito justiciae its own judgment in appeals Nos.CA/J/EP/HR/106/08; and CA/J/EP/HR/106A/08, Augustine Adikpe V. Christian Abba and 13 Ors., consolidated and delivered by this Court on the 31st March, 2009 for being a nullity'.
The grounds upon which the application is predicted upon are;
(a) The said judgment was delivered in breach of Section 36(1)of the 1999 Constitution of the Federal Republic of Nigeria.
(b) The court was misled into giving its judgment the way it did.
(c) The procedure adopted by this Honourable Court in the judgment delivered on the 31st March, 2009 deprived the said decision the character of…