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BULKACHUWA JCA (Delivering the Lead Judgment): The 2nd respondent was the applicant before the High Court of Delta State holden at Asaba coram Z. A. Smith J. in a motion ex parte filed on 2/8/2005 whereby he prayed for the following reliefs:
“1. Leave to enforce the applicant’s fundamental right in terms of the reliefs sought in the statement in support of this application.
An order for leave to enforce the applicant’s fundamental right shall act as a stay of action restraining the 1st respondent from constituting a Governorship Election Tribunal for Delta State to try the issue of whether the applicant was the person convicted on 28th September, 1995 in case No. CR/81/95 by the Upper Area Court, Bwari or restraining any tribunal so constituted by the 1st A respondent from sitting to try the said issue pending the determination of the application for enforcement of the applicant’s fundamental right.
An order for leave to serve the applicant’s motion on notice for enforcement of funda…