CLARA BATA OGUNBIYI, J.C.A.(Delivering the Leading Ruling): The application at hand is brought pursuant to (1) Section 36(1) of the Constitution of the Federal Republic of Nigeria, 1999; (2) Section 15 of the Court of Appeal Act CAP, C 36 Laws of the Federation of Nigeria, 2004 (3) Order 4 Rules 1 and 5 of the Court of Appeal Rules 2007
(4) Direction of the Practice Direction No.2 of 2007
(5) The Inherent jurisdiction of the Court and seeks for the following two reliefs:-
'1. AN ORDER LISTING THE PETITIONER/APPELLANTS APPEAL FILED VIDE NOTICE OF APPEAL DATED 3/1/2008 AND FILED AT THE ELECTION PETITION TRIBUNAL ON 4/1/2008 FOR HEARING ON ITS MERITS BEFORE A DIFFERENT PANEL OF JUSTICES OF THE COURT OF APPEAL OTHER THAN THE HONOURABLE JUSTICES WHO DELIVERED THE RULING ON THE APPELLANTS MOTION OF 10/4/2008.
2. ALTERNATIVELY, AN ORDER SETTING ASIDE THE PORTION OF THE RULING OF THIS COURT IN THIS APPEAL OF 26/5/2008 WHICH READS:
'The true position in law is that there is no appeal before u…