On the 27th February, 1998, this court heard the appeal of the appellant against the judgment of the court. In a unanimous judgment the court dismissed the appeal with N10, 000 costs to the respondents. The application before this court is to set aside this judgment and rehear the appeal on the grounds stated in the motion. Applicant is relying on the inherent jurisdiction of this court for the Order sought.

The history of the litigation which has led to this application and the worries of the applicant is copiously recited in the affidavit in support. Paragraphs 2,3,4, 5,6,7, and 8 give the background to the present application, and the clear absence of intention of the applicant/appellant to contravene the laws of the country, or to commit any acts of illegality. Paragraphs 14 and 16, are expressions of opinion about why this court decided the appeal against applicant, namely the failure of counsel to produce the relevant authorization of the Minister of Finance for the payment of the drafts subject matter of this litigation. Paragraphs 17, 18 and 19 place the blame on the failure of counsel due to poor health to present the case of the appellant/applicant adequately, clearly and properly before the court. Paragraphs 20,21 22, 23, 24 and 26 are substantive arguments of the legal validity of the transaction which it was averred were not brought to the attention the court during the hearing.