OGUNTADE, JCA (Delivering the Lead Ruling): The appellant in this appeal brought this application on 12/10/01 praying for the following: “1. An order directing a departure from the rules of this honourable court by allowing the bundle of documents attached hereto and marked exhibit KA1 to be used as the record of appeal herein.
An order, pursuant to the granting of prayer 1, referring to the Supreme Court for its decision and direction, the questionsproperly articulated in the schedule hereto which arise in these proceedings and which involve substantial questions of law relating to the interpretation and application of the constitution of the Federal Republic of Nigeria, 1999. And for such further or other orders as the honourable court may deem fit to make in the circumstances.”
The applicant filed an affidavit in support of the application.
Paragraphs 5 to 10 of the affidavit read thus: “5. The appellant/applicant being dissatisfied with the said ruling, immediately instructed their…