PAUL ADAMU GALINJE, J.C.A. (Delivering the Lead Ruling): By a motion dated the 16th May 2007 and filed on the 22nd May 2007, the Applicant herein seeks for an order dismissing the Appellants/Respondents' Notice of Appeal dated 26th June, 2006 for lack of diligent prosecution. This motion which is brought under order 3 Rules 10, 11 and 20 (3) of the Court of Appeal Rules 2002 and the inherent powers of this Court. The application is supported by a 14 paragraphs affidavit deposed to by one Henry Godwin Asuquo, a Litigation Clerk in the Chambers of Festus Keyamo. Annexed to the supporting affidavit are a notice of appeal dated and filed on the 28th June 2006, and which is marked exhibit A, a motion on notice (Exhibit B) brought pursuant to Section 46 of the 1999 Constitution of the Federal Republic of Nigeria and Order 2 Rules 1 and 2 of the Fundamental Rights (Enforcement Procedure) Rules 1979.
Also annexed to the application for stay of further hearing which is marked exhibit C.
The Ap…