*Seeks Injunction Restraining Opara Esq or His Agents From Executing The Award of Damages
*Argues That Grant of The Application Wouldn’t Prejudice The Applicant/Respondent
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The State Security Service (SSS), has asked court to stay the execution of judgment obtained in a Federal High Court against it an enforcement human rights suit filed by Maxwell Opara, pending the determination of the appeal.
A human right lawyer, Maxwell Opara Esq, in an originating summons with the suit No: FHC/ABJ/CS/1018/2021 instituted a suit against the Anti-graft Agency for enforcement of his fundamental rights as enshrined in Chapter VI, of the 1999 Constitution of the FRN as amended and the African Charter on Humans And Peoples Right (Enforcement) Act.
The court in resolving the sole issue before it held that the the SSS had indeed abuse the fundamental rights of the Applicant and thus, violated relevant laws.
The court went on to award damages in tune of 5 million and ordered the SSS to issue a public apology.
However, Maxwell Opara Esq had tried to get the judgement enforced.
The SSS, dissatisfied with the ruling of the court, filed for stay of execution on the judgement delivered by the Court on the 4th of April, 2022.
In its motion of notice before the Federal High Court, accompanied with 16 paragraphed affidavit, wherein they alleged that the reason for the application was to maintain the status quo of the case pending the determination of the Appeal.
It further asked court to restrain Opara, or any of his agents from executing the judgement, on the grounds that the Respondents/Applicants has filed an appeal challenging the validity of the damages awarded and that the applicant/Respondent would not be prejudiced should the application be granted pending the determination of the Appeal.
Furthermore, SSS, stated that should the application be denied it would result in the respondents/applicant reaping an empty judgement in appeal.
According to them, if the judgement was not stayed, it would cause a situation of helplessness to be foisted on the Court of Appeal and them in te case where the appeal is decided in their favor.
At the time this report had been made, the application had not been heard.
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