The learned trial Judge of the Federal High Court in suit no FHC/PH/3/94 granted a declaratory order on the 10th April wherein it wound up the second respondent. The applicant then brought an application seeking leave to stay the proceedings of the decision of the Federal High Court pending the determination of an appeal lodged in the Court of Appeal against the said decision of the Federal High Court. On 18th July 1995, the learned trial Judge in his ruling refused the prayer for stay of proceedings.

The applicant then brought an application in the Court of Appeal, seeking for a stay of execution originally. But with the consent of all parties, following an oral amendment which was granted, the application was amended to read one for stay of further proceedings of the decision of the Federal High Court.