AMIRU SANUSI J.C.A (Delivering the Lead Ruling) The Applicant herein who was respondent in appeal No CA/E/EPT/57/2008 which was heard by this court and judgment delivered on 9/7/09 while the 1st respondent herein was the appellant in the said appeal. The 2nd to 4th Respondents are INEC and its officials who conducted the election which gave rise to the appeal mentioned above. On the 7th day of July, the applicant herein, filed a motion on notice dated same day before this court seeking the under mentioned reliefs.
(a) An order of court disqualifying Hon. Justice Olu Ariwoola from presiding over the Motion on Notice dated and filed on the 17th day of July 2010 by OSUAGWU UGOCHUKWU Esq. of Victory and Rose Associates in that he cannot preside over his own judgment that is sought to be set aside.
(b) An order of this Honourable Court constituting a full panel of Justices of Court of Appeal to hear and determine the said motion on notice such that it raises substantial constitutional issu…