UWAIFO, JCA (DELIVERING THE LEADING RULING): On 27th May, 1996 when the application by the appellant/applicant came on for hearing, prayers 1,2,3,4,5 and 7 were not opposed by the learned legal officer for the respondents. He appeared rather ambivalent in respect of prayer 6. Eventually he sought an adjournment to consult with the Federal Attorney-General and to file a counter-affidavit.
This morning he informed the court that he filed no counter-affidavit and that prayer 6 was not being opposed. That means that all the facts deposed to in the affidavit in support of the motion have been admitted in law. In particular, I draw attention to paragraphs 2, 3, 4, 5, 6, 7, 8, 9, and 10 of the affidavit which was sworn by Mrs Ganiat Fawehinmi, the appellant/applicant's wife. They read:
"2. That the appellant/applicant is highly hypertensive and he requires special medication and diet under constant medical supervision.
3. That since June 1995 the appellant/applicant's medical doctors changed th…