– Explains Legal Implications Of Enugu Court Of Appeal Judgment
The National Secretary of the Peoples Democratic Party (PDP) Senator Samuel Nnaemeka Anyanwu has written to the national and state executive councils of the party, explaining the implications and legal position of the judgment delivered by the Court of Appeal, Enugu.
The letter dated January 10, 2024 informed the party of the need to maintain the status quo pending the determination of the appeal he filed in respect of the aforementioned judgment.
The letter which was signed by Senator Samuel Anyanwu who represented Imo East Senatorial District in the red chambers of the national assembly and addressed to all PDP State Chairmen and Secretaries reads in part, “please regarding the Appeal Court Judgment in Enugu on the issue of the office of the National Secretary, it is important you note the following;
In Nigeria, the general rule is that when an application for a stay of execution has been filed and is pending, the judgment cannot be enforced until the application is determined.
According to the Nigerian Court of Appeal, in the case of OGBUNYANWA V. OKUDO (2013) LPELR-20815(CA), “once an application for stay of execution is filed and pending, it operates as a bar to the execution of the judgment, pending the determination of the application”.
Similarly, the Nigerian Supreme Court, in the case of A.-G., FEDERATION V. S. P. D. C. NIG. LTD. (2014) LPELR-23143(SC), held that “where an application for stay of execution is pending, the judgment creditor is restrained from executing the judgment until the application is determined”.
An exception to this general rule is when the application for stay of execution is deemed abandoned or withdrawn, then the judgment can be enforced.
In this instance, my application for the stay of execution has been filed and pending in court for hearing. In addition, the judgment has been appealed in Supreme Court with case number assigned. I have not in any way shown a loss of interest in prosecuting the case, as a result my position as National Secretary of the Party remains sacrosanct.
You are therefore cautioned to restrain from any act that tends to suggest otherwise or calculated to derelict my position as the National Secretary. Any such conduct runs contrary to the law and cannot be condoned”.
