BADA, J.C.A (Delivering the Leading Ruling) This is an oral application in which the learned senior counsel for the appellants/applicants craved this court as constituted to disqualify itself from hearing the application filed on 1st day of April, 2009 in which the appellants/applicants prayed for an order of court by a fresh panel of this court setting aside ex debito justiciae its own Judgment delivered on 19th February, 2009 for being a nullity, in the spirit of fair hearing.
The grounds upon which the application is brought are as follows:
The said judgment was ultra vires the Court of (a) Appeal under the Electoral Act, 2006.
The said Judgment was delivered in breach of section 36(1) of the Constitution of the Federal Republic of Nigeria and the Common Law Rules (b) of Natural Justice.
The cross-appeal which this honourable court allowed, and upon which the dismissal of the (c) main appeal was based is a nullity ab initio.
The Court of Appeal refused to be bound by a Supreme Court dec…