CLARA BATA OGUNBIYI, JSC (Delivering the Leading Judgment): The facts of this case are fairly straight forward. On the 15th of June 2005 the appellants had three pending applications before Court of Appeal Ibadan, as follows:
1). A motion for leave to appeal on grounds of mixed law and fact dated the 9th of February, 2005.
2). Motion for stay of execution dated the 2nd of March, 2005.
3). Motion to substitute the 3rd respondent dated the 16th of May, 2005.
On the 15th of June 2005 counsel for the Appellant herein withdrew the motion of 16th May, 2005 for substitution and same was struck out.
Thereafter as evident from the records of appeal, the other pending applications were brought to the attention of the Court by counsel for the 3rd Respondent, one Chief Mathew Adepoju in the following terms:
"Counsel for the Respondent Chief Adepoju says the application is incompetent since the three months period within which to appeal has elapsed. He says the motion be struck out.
Court: Regard to the…