RULING
A. INTRODUCTION
[1] The Notice of Motion dated 9th March, 2018 seeks a stay of execution of the Court of Appeal’s Order of 2nd March, 2018 allowing the respondents’ appeal and remitting the petition to the High Court for hearing and determination on merit.
[2] The application is based on the ground that the petition to the High Court having been filed on 5th September, 2017, the six months period prescribed by Article 87 (1) of the Constitution and Section 75(2) of the Elections Act expired on 5th March, 2018. Consequently, the applicant avers that, the High Court has now no jurisdiction to entertain the petition. Pending the hearing of the application inter-partes, the applicants pray that this Court be pleased to issue an ex-parte Order of stay. This prayer is based on the averments in the affidavit in support of the application to the effect that, the High Court has already embarked on hearing the petition and that if an ex-parte Order of stay is not granted, the applicants’ ap…