WALI, JSC (Delivering the Leading Judgment): This is an appeal against the unanimous decision of the Court of Appeal, Lagos in which it affirmed the ruling or the High Court. Lagos dated 23rd December, 1993 setting aside its earlier order made on 22nd October. 1993 on the ground that the said order was made without jurisdiction.
The brief facts involved in the case are as follows:-
The appellant is one of the three persons tried and convicted by the Miscellaneous Offences Tribunal. Lagos and sentenced to various terms of imprisonment. His appeal to the Special Appeal Tribunal against conviction for making a forged document was dismissed.
Since there is no further appeal from the decision of the Special Appeal Tribunal, the appellant in an effort to gain his freedom, filed in the High Court of Lagos State a Motion on Notice under Order 53 rule 3(1) of the High Court of Lagos State (Civil Procedure) Rules, 1971 with the following prayers:-
"1. An order of certiorari to remove into this …