OGUNBIYI JCA (Delivering the Lead Ruling): On the 20th January, 2004, when this appeal was called up, the learned counsel Mr. Peter Eze for the appellants/applicants informed the court of their pending motion dated 18th November, 2003 praying the court for an order setting aside the order of this court made on the 27th October, 2003 thereby dismissing the above stated appeal and a further order relisting same therefore, for hearing.
Following the indication by counsel, Mr. Mike Okoye representing the 1st respondent prayed to move their notice of objection against the hearing of the motion on the ground of want of jurisdiction by the court. In other words, that the court is functus officio as it relates to this appeal which can no longer be entertained, re-opened, reviewed and or revisited for any purpose whatsoever.
In support of the objection is an eight paragraph affidavit deposed to by one Ebele Obi Esq., a legal practitioner in the law firm of Okoye and Okoye and Co., counsel fo…