HELEN MORONKEJI OGUNWUMIJU, J.C.A (Delivering the Lead Ruling): This is an application dated 4/7/11 filed the same day before this Court in which the Respondent/Applicant is seeking stay of proceedings in this matter pending the hearing and determination of the Respondent/Applicant's Motion on Notice dated and filed on 5th May, 2011 at the Supreme Court.
In a unanimous judgment delivered in SC/316/2006 on 9th July, 2010 (Applicant's Exhibit TS/12A), the Supreme Court of Nigeria at page 49 of the judgment issued the following final orders:
(a) The preliminary objection is over-ruled
(b) The appeal succeeds and it is allowed
(c) The appeal is to be remitted back to the Court of Appeal, Lagos to be re-listed and heard before another panel of justices of the Court of Appeal
(d)The order of dismissal of the appeal made on the 26th of September 2005 is set aside
(e) The order in the Ruling of 11/12/06 is set aside
In grounds (10) - (15) in support of this application, the Respondent/App…