Facts:

On 27/05/2015, the National Industrial Court entered judgment in favour of Kehinde Abimbola against the appellant/applicant in a case of wrongful termination of appointment. Dissatisfied with the judgment, the appellant/applicant appealed to this court. The appeal was argued on 05/10/2017 and judgment delivered on 24/11/2017. In between the hearing of the appeal on 05/10/2017 and delivery of judgment on 24/11/2017, the respondent, Kehinde Abimbola, died on 25/10/2017, precisely 30 days before the delivery of judgment. The fact of the death of Kehinde Abimbola was not known to the court as at 24/11/2017 when the judgment in the appeal was delivered as none of the counsel for the parties who were present during the delivery of the judgment informed the court of the demise of Kehinde Abimbola. The only point of disagreement between the parties as it relates to the facts is that, while the appellant/applicant placed at the doorstep of the respondent the fault of not informing the court about the demise of Kehinde Abimbola, the respondent stated that the appellant was aware of her demise as one of the applicant’s senior staff, Mrs. Martins-Uwah Udoka, attended the burial of Kehinde Abimbola on 03/11/2017, but failed to inform the court.

An application was brought by the Appellant/Applicant to set aside the judgment of the appellate court, on the ground that it is a nullity.