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FABIYI JCA (Delivering the Lead Ruling): This ruling is sequel to the application filed by the appellants/applicants on 27 March 2008 and arguments canvassed thereon by learned counsel on behalf of the parties. The application prayed for an order of stay of further proceedings at the trial Tribunal pending the determination of the interlocutory appeal before this court. The applicants filed an affidavit of 32 (thirty-two) paragraphs in support of the application to which three exhibits were annexed. The respective respondents have filed various counter-affidavits in opposing the application which have bearing on the exercise of discretion by the Court of Appeal and also whether this court can entertain appeals based on interlocutory matter in an election petition.
Learned senior counsel for the 1st-3rd appellants/applicants submitted that the appellants have right to appeal on interlocutory matters. He referred to Awuse v. Odili (2003) 18 NWLR (Pt. 851) 116 at 164; 169-170, (2004) …