ABOKI JCA (Delivering the Lead Ruling): In this application, the 1st and 2nd respondents/cross-appellants are seeking the following orders:
“(i) An order striking out this appeal on the grounds -
That the court no longer has jurisdiction to entertain or determine same.
The a ppea l ha s bec ome pure ly ac ademic or hypothetical.
(ii) Such further orders.” The application supported by a six paragraph affidavit was brought pursuant to Order 3, rule 15(c) of the rules of this court.
Learned counsel for the applicant argued that the issue of jurisdiction can be raised at any stage of the proceedings. He contended that the appeal concerns the aborted candidature of the appellant to the House of Representatives held on Saturday, 21st April, 2007. He maintained that the case of the appellant is that the party to which he belongs wrongly substituted the 1st respondent for him. Learned counsel for the applicant Chief Akin Olujimi SAN referred the court to the record of appeal particularly pages 4…