OLU ARIWOOLA, JSC (DELIVERING THE LEAD RULING): This is a ruling on the application of the Respondent. The applicant had sought the following:
"An order setting aside, the judgment given by this Honourable court on the 9th July, 2010 on the ground that same was given under the mistaken and erroneous assumption that there was an appeal before this Honourable court against the Ruling of the court below given on the 26th September, 2005 when in fact there was no such appeal."
The applicant gave the following as the grounds for seeking the said order.
"1. It is settled law that it is only a valid Notice of Appeal before the Supreme Court against the judgment or order of the Court of Appeal that activates the appellate jurisdiction of the Supreme Court to sit on a judgment or Order of the Court of Appeal.
2. That an order of the Supreme Court made without its jurisdiction being properly and antecedently activated is a nullity."
In support of the said application is an affidavit of 8 paragraphs …