Court Of Appeal Orders Stay Of Execution Of Federal High Court Judgement Declaring Silas Onu As PDP Ebonyi State Chairman

The Court of Appeal, Abuja on Monday, 23rd of May granted the application of the Ebonyi Chapter of the Peoples Democratic Party and MR. OKOROAFOR TOCHUKWU OKORIE asking the Court to order a stay of execution of the judgement of the Federal High Court in Suit No: FHC/ABJ/CS/1319/2021.

The motion which was moved before the Court by Appellant Counsel, Nkemakolam Okoro Esq in APPEAL NO: CA/ABJ/CV/444/2022 between PEOPLES DEMOCRATIC PARTY, MR. OKOROAFOR TOCHUKWU OKORIE VS. JOSEPH SILAS ONU prayed the Appellate court to direct all parties to maintain status quo that existed before the delivery of the judgment of the Federal High Court by Hon Justice A.R. Mohammed of the Federal High Court Abuja Division, delivered on the 13th day of April, 2022.

The motion which was filed by Nkemakolam Okoro on the 26th of April, 2022 was predicated on nine grounds as follows;

a. The trial court on the 13th day of April 2022, delivered its judgment in Suit No: FHC/ABJ/CS/1319/2021, in respect of an Originating Summons, filed by the Respondent, by which the court granted the claims of the Respondent, and dismissed the notice of preliminary objection filed by the 2nd Appellant in this matter.

b. The Appellants duly filed their Notice of Appeal, and have also compiled and transmitted the record of appeal and appeal entered.

c. The notice and grounds of appeal raise serious, arguable and recondite points of Law before the appellate court with great chance of success at the hearing of the Appeal.

d. The appeal filed by the Appellants, if upheld is capable of putting an end to the entire case against the Appellants.

e. The Appellants will be greatly prejudiced and the appeal rendered nugatory in the event that they succeed at the appeal and the execution of the judgment of the trial court has already been levied against them.

f. The appeal is competent and arguable as it raises recondite issues of law bothering on the vires and jurisdiction of the trial court, to continue to adjudicate on the matter.

g. The Appellants have undertaken to diligently prosecute the appeal.

h. The Appellants have also undertaken to be liable in damages, should the appeal be unsuccessful.

i. It will be in the best interest of justice to stay proceedings, at the trial court, as the Respondents have nothing to lose in the circumstances.

After considering the application, with the affidavits, counter affidavits and further affidavits filed by both parties, the Court adjudged the application as meritorious and showing true cause for a stay of execution of the judgement.

In its ruling the Court ordered thus:

“An Order be and is hereby issued staying the execution and/or the giving of effect to the Judgment of the lower Court, and parties are hereby directed to maintain status quo ante bellum that pending the hearing and determination of the Appeal against the Judgment of the Lower Court, Coram: A. R. Mohammed J., delivered on the 13/4/2022 in Suit No: FHC/ABJ/CS/1319/2021: Joseph Silas Onu V. PDP & Another

2. The substantive appeal shall be heard on the basis of accelerated hearing, which is accordingly, hereby so ordered.

3. There shall be no order as to cost.

The Appellants informed the Court that they have filed their brief of arguments and are ready to diligently pursue the appeal with the grant of their application for stay of execution and the order for accelerated hearing made by the court.