OLUFUNMILOLA OYELOLA ADEKEYE, J.C.A. (Delivering the Leading Judgment): In an application filed on the 7th of August 2006 the defendants/appellants the Governor of Abia State, the Attorney General of Abia State, the Abia State House of Assembly and the Abia State Independent Electoral Commission prayed this court for order as follows:-
"To stay Further proceedings in suit NO FHC/ARJ/CS/96/2006
Hon Chief Joseph Anawanh and 4 ors v. The Governor of Abia State and 7 others pending the hearing and determination of Appeal lodged against the Ruling/order of the lower court of 3/7/06."
The background facts culminating into filing of this appeal were that the originating processes in the original suit FHC/ABJ/CS/96/06 was filed on 1/3/06 Challenging the constitutionality of Abia State Local Government (third Amendment) law 2004 and Tenure elongation, The appellants/applicants as defendants entered appearance on protest and filed Notice of Preliminary Objection against the suit on 10/3/06.
Th…