TOBI, J.C.A. (Delivering the Leading Ruling): This is an application lor an A order that die execution of the judgment of this court delivered on 26th July, 1994 be stayed pending the determination of the appeal filed therein. The application is supported by a 9 paragraph affidavit. There is also a counter-affidavit of 14 paragraphs.
Moving the application under sections 16 and 18 of the Court of Appeal Act, 1976 and Order 3 rule 3(1) of the Court of Appeal Rules, 1981, learned counsel for B the applicant, Mr. E.O.E. Ekong, submitted that in an application of this nature the applicantmustshowthatthegroundsof appeal file dare of exceptional circumstances warranting the grant of stay of execution. Referring the court to the notice and grounds of appeal annexed to the affidavit in support as Exhibit 2, learned counsel submitted that the grounds raise substantial and serious points of law to be decided by the Supreme Court. Counsel therefore urged the court to grant the application.
Learned…