The Abuja division of the Appeal Court has stayed the execution of the judgement of the High Court of Rivers State which installed Igo Aguma as the Caretaker Committee Chairman of the All Progressives Congress (APC) in the state.
Justice Stephen Adah who led a three-man panel of the court also stayed further proceedings in the appeal by Abott Ogbobula against the High Court judgment.
On July 8 this year, the Appeal Court overruled the objection by Emeka Etiaba, SAN, (lawyer to Aguma) to the competence of the record of appeal compiled by appellant’s lawyer, Tuduru Ede (SAN), a decision Etiaba appealed at the Supreme Court.
At the mention of the case on Thursday, Ede faulted court documents served on him by the respondent, informing him about the appeal filed at the Supreme Court, The Nation reports.
Ede argued that the rules of the Court of Appeal do not allow the filling of verifying affidavit of facts. He urged the court to strike out the affidavits filed by the respondents for being incompetent.
Responding, Etiaba argued that “by that affidavit filed on July 15, 2020, we have brought to the notice of the court that we have an appeal for stay of proceedings at the apex court.”
Ruling, Justice Adah held that the court cannot continue with the hearing of the appeal because the first respondent has showed the court that the appeal at the Supreme Court has been entered.
“An affidavit is evidence of proof. The affidavit is showing that an appeal is before the Supreme Court.
“The notice of appeal and other processes have been brought to our notice in respect of the ruling of the court.
“This court cannot continue to go on with this matter since we don’t know the decision of the Supreme Court on the appeal,” Justice Adah said.
He then proceeded to make an order adjourning the hearing of the appeal by Ogbobla indefinitely pending the hearing and determination of the appeal at the Supreme Court.
Justice Adah equally ordered the stay of the execution of the judgment of the High Court of Rivers State.
But Etiaba said the order staying the execution of judgement would be challenged at the Supreme Court on the grounds that there were declarative reliefs granted by the High Court, which could not be stayed.
Ogbonna Nwuke, speaking on behalf statutory members told theportcitynews that by the Court of Appeal’s pronouncement, Aguma cannot act or parade as the Chairman of the Caretaker Committee within the pendency of the matter before it.
“Statutory members of the Rivers APC are happy with the decision of the Court of Appeal. We believe that their Lordships who are presiding over the matter weighed the issue on a judicial scale before issuing the order to stay the execution of the lower Court.
“It gives us hope as true Democrats that there are still people within the judiciary who are impartial, incorruptible, courageous and upright. While salute their Lordships for standing on the side of justice, we commend members of our great party for their patience, prayers and support.
“Accordingly, we urge all right-thinking members of society to ignore whatever may emanate from the desk of Hon. Igo Aguma which he may purport as representing the views or aspirations of the APC in Rivers State.
“We hope that as a man of honour, Hon Igo Aguma would restrain himself from acting outside the dictates of the law. We recall that Aguma has held the APC in contempt and demonstrated gross disrespect for party directives emanating from NEC.
“Finally, we appeal to Rivers people who have faith in the vision and mission of the APC as well as our teeming party supporters spread across the State to remain calm. We want to assure you of our collective resolve to ensure that justice is done”.
