TIJJANI ABDULLAHI, J.C.A.(Delivering the Lead Ruling): The application for our consideration is by way of Motion on Notice brought pursuant to Order 7 Rule (1), Order 20 Rules (2) and 3(1) of the Court of Appeal Rules 2011, Section 15 of the Court of Appeal Act, 2011 (now Section 16 of the Court of Appeal Act, 2011) and Section 36(1) of the Constitution of the Federal Republic of Nigeria, 1999 as amended.
The application is supported by a 4 paragraph Affidavit and a Further and Better Affidavit of 4 paragraphs also paragraph 3 of the Supporting Affidavit has sub-paragraphs A-0 whilst paragraph 3 of the Further and Better Affidavit has six sub-paragraphs. Three Exhibits are also annexed to the application in support.
The application is praying for the following orders:
"1. An order of this Honourable court setting aside its order of 9th April, 2013 dismissing the Appellant/Applicant's appeal.
2. An order of this Honourable court re-listing the Appellant/Applicant's appeal.
3. And for …