OGBUAGU JSC (Delivering the Lead Judgment): This case from the record, appears to me to have a long history starting in 1991, when the Court of Appeal, Ibadan Division, dismissed the appeal by the appellant against the decision of the High Court of Oyo State.
Dissatisfied with the said dismissal, the appellant appealed to this court and on 9 January 1996, this court allowed the appeal, set aside the judgment of the Court of Appeal and remitted the matter back to the said Court of Appeal (thereinafter called “the court below”) for rehearing. It made the following order:
“3 That the case is hereby remitted to the Court of Appeal to be determined on the grounds of appeal filed thereat by the appellant and the issues raised by the parties in their respective briefs of argument.
That the lower court shall also determine what to do with the interlocutory appeal filed by the respondent if it is still pending before it and... (The italics mine) The above order in my respectful view is cle…