On 16th January 2008, the Court of Appeal, Lagos (coram: Ogunbiyi and Galinje JJCA as they were then) and Mshelia JCA heard a motion filed 11 January 2003 by the appellants applicants seeking the following reliefs:

Ruling on the application, the Court held:

"It is apparent also to mention that the applicant in his submission admits that the record of this appeal was transmitted to this Court in the year 2004. To be precise, same was on the 12th May, 2004 as per the evidence available to the Court. The appeal was therefore deemed to have been entered on that date. The rules of Court make it mandatory on the appellant to file his brief of arguments within 60 days of entering the appeal. The motion at hand was filed on 11th January, 2008 and which is almost four years of entering the appeal. As rightly submitted and argued by the learned respondent's counsel the application sought for in prayers 1- 4 with prayer 2 being incompetent while 1, 3 and 4 are hereby refused. The appeal under the inherent powers of this Court is also dismissed." (See Vol. 2 pages 788-789 of the records).

Being aggrieved with the said ruling, the appellants appealed against same