OBADINA JCA (Delivering the Lead Ruling): This is a ruling on the application of the appellant/applicant wherein he prayed the court for the following order:-
“An order setting aside the consequential order made by this Honourable Court in its judgment delivered in this appeal on 6th November, 2003, nullifying the elections for the Borno North Senatorial seat and directing the Independent National Electoral Commission to conduct fresh elections for the said senatorial seat.”
The grounds of the application were stated to be as follows:-
“(i) The order was made by this Honourable Court under the impression that the winner of the election was the candidate who was disqualified by the verdict of the Court of Appeal.
(ii) The winner of the election was the appellant whose election remains unchallenged having dismissed the petition filed against the said election.
(iii) The Order does not arise from the Judgment of this Honourable Court.”
The application was supported by affidavit and the r…