COURTROOM NEWS 25/05/2022
PDP Asks Court Of Appeal To Grant Injunction Quashing Stay Of Execution Order
Peoples Democratic Party in Ebonyi State, through its Counsel, Maxwell Opara has prayed the Court of Appeal for an Order of Injunction restraining the enforcement or recognition of the Order of the Court delivered on Monday, 23rd of May, staying execution of the judgement of the Federal High Court Abuja declaring Onu as the legitimate State Chairman of the Party and ordering a return to status quo before the Trial Court’s judgement.
Recall that 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.
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.
However, in a motion dated 24th of May, 2022 and sighted by The Lawyer, the PDP’s Counsel is praying the Court to grant an Order of Injunction restraining the enforcement of the Order granted yesterday.
The motion which is yet to be given hearing date is premised on two grounds:
1. That unless the order granted on the 23rd of May, 2022 is stayed it will inflict an irreversible consequence on the activities of the 1st Appellant in Ebonyi towards the 2023 General elections.
2. That the said Order giving on Monday, 23rd of May was obtained by fraud as the 1st Appellant had instructed Mr Nkemakolam Okoro S.C Esq. not to move the Motion for Stay on its behalf.