NGWUTA, J.C.A. (Delivering the Leading Ruling): This is a ruling on an oral application by learned counsel for the 2nd respondent seeking an order to stay proceedings in the appeal. I think that it is expedient to trace the genesis of the oral application.
On the 3rd day of August, 2005 the High Court of Delta State, Asaba Judicial Division presided over by Hon. Justice Z. A. Smith granted the 2nd respondent leave to enforce his fundamental rights.
The court also restrained the 1st respondent from constituting a Governorship Election Petition Tribunal for Delta State to determine whether the applicant in the lower court was the person convicted on 28/9/95 on the case No. CR/81/95 by the Upper Area Court, Bwari as ordered by this court on 30th September, 2005 in election petition now reported as Ogboru v. Ibori (2005) 13 NWLR (Pt. 942)319.
On 18th October, 2005 learned senior counsel for the appellant moved the court for the following reliefs:
"(1) An order for extension of time within whi…