LOKULO-SODIPE JCA (Delivering the Lead Ruling): The motion of the respondents/applicants (hereafter simply referred to as “the applicants”) dated 13 March 2013 and filed on the same date has been brought pursuant to sections 6(6), 36, 246(3), 285(7) and 295(3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), section 15 of the Court of Appeal Act, Cap. C36, Laws of the Federation of Nigeria, 2004, Order 4, rules 1 and 3, Order 7, rules 1 and 10 of the Court of Appeal
Rules, 2011 and under the inherent jurisdiction of this Honourable Court. In the said motion on notice, the applicants pray for an order of this court:
“referring the questions set forth in the schedule to this motion on notice to the Supreme Court for the decision of that court upon the said question.”
The two questions which the applicants want this court to refer to the Supreme Court, as set out in the schedule to the motion (supra) are as follows:
“1. Whether this election-related appeal can b…