Judgment
MOHAMMED MUSTAPHA, J.C.A. (Delivering the Leading Judgement): This application was brought pursuant to Orders 7 Rule 1, 17, Rules 1 and 2, 18 Rule 11, 20 Rules 2 and 3 of the Court of Appeal Rules 2011, Sections 6 (6) (a), 35 (1) 46 (1) and 232 (1) and (2) of the 1999 Constitution of the Federal Republic of Nigeria, as amended and the inherent jurisdiction of this Court.
The application prays for the following orders: 1. AN ORDER of Hon. Court of Appeal granting the order contained in the Applicant/ Appellant’s Application dated 2nd July, 2020 as a prelude for contempt of Court procedure as prescribed by statute against the 4th Respondent, that the Trial Judge who is clothed with Jurisdictional power to grant, but willfully refused and neglected to hear and grant, before further step could be taken in the hearing of the instant Appeal today. Marked T .1 2. AN ORDER of the Hon.
Court of Appeal restraining the 5th, 7th and 8th Respondents, the Executive Arm of Lagos State Government; the state of origin of the 4th Respondent herein or any of her agencies, including but not limited to the 5th Respondent; ‘the Hon. Attorney General and Commissioner for Justice Lagos State; the 7th & 8th Respondents; the DPP Lagos State from instituting and or maintaining any criminal proceeding or charges relating to any of the charges contained either in its original or amended form in CHARGE/ SUIT NO: ID/2626C/2016. STATE OF LAGOS V.
ALHAJI ABDUL RAUF AND ALHAJI FARRY YUSUF Or any other offences that having the same ingredients as the offences contained either in its original or amended form of the instant charges. 3. AN ORDER of the Hon. Court of Appeal compelling the state of Lagos High Court presided over by Hon. Justice Hakeem Oshodi. J that is sitting as Appellate Court on the final judgment/ orders of the Federal High Court to grants as follows; a) Immediate grant of stay of proceeding on: CHARGE/ SUIT NO: ID/2626C/2016. STATE OF LAGOS V. ALHAJI ABDUL RAUF TIJJANI AND AKANNI SAUDA. And CHARGE/ SUIT NO: ID/2626C/2016.
STATE OF LAGOS V.
ALHAJI ABDUL RAUF TIJJANI AND ALHAJI FARRY YUSUF. b) Grant the stay of enforcing the unlawful warrant of arrest of the Applicant/ Appellant herein and his privies issued by the State High Court of the 5th, 7th and 8th Respondents that operating as Appellate Court to sit on the final decision of the Federal High Court without Authority of law. c) And AN ORDER setting aside all the proceeding/ decisions taken so far in two mentioned suit numbers Supra including releasing of the International Passport of the Applicant/ Appellant herein and his privies from all the encumbrances imposed on them in the said purported Appellate of Lagos State High Court Anarchistically created by the 5th, 7th and 8th Respondents without Authority of law. 4.
