BADA JCA (Delivering the Lead Ruling): This is an application filed on 29September 2006 in which the applicant prayed for the following relief: “An order of the honourable court staying the execution of the judgment of the Federal High Court No.3, Abuja dated 2 March 2006, pending the determination of this appeal.” In support of the application is an affidavit of 24 paragraphs, 6 paragraphs of further andbetter affidavit and another 8 paragraphs of further and better affidavit.
The respondents opposed the application and relied on 18 paragraphs counter-affidavit. The relevant paragraphs of the affidavits are set out as follows:
Affidavit in support
“2 - 23”
“2. That I am a legal practitioner, I am familiar with the facts of this case. That I have the consent and authority of both my employers and the applicant to depose to this affidavit. That on 2 March 2006, the Federal High Court No.3 , presided over by Justice B.M.F Nyako (trial court) entered judgment in favour of the respondents…