ADEREMI JCA (Delivering the Lead Ruling): The application dated 3/9/2004 under consideration here initially carried two prayers viz :
“(1) An order setting aside the appointment and swearing in of the 1st respondent as a High Court Judge of the Imo State judiciary on the 3rd of August, 2004.
An order of interlocutory injunction restraining the 1st respondent from exercising any powers and/or functions whether official or social, of a High Court Judge of the Imo State judiciary, pending the determination of the motion on notice filed by the appellants on May 26, 2004. The application is supported by a 12 paragraph affidavit and a further affidavit of six paragraphs. When this application came before us on the 23rd of September, 2004, Mr. Nworka, the 2nd appellant/applicant, a legal practitioner, who appeared in person, before moving the said application , sought and obtained the leave of this court to withdraw the second leg of the prayers as set out supra. In moving the application …