..Orders stay of execution on Federal High Court judgement
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The Appeal Court of Nigeria has granted Imo State Government, leave to appeal against the judgement of the Federal High Court, Owerri, presided over by Honourable Justice T G Ringim, which ordered the sacked LGA Chairmen to return to their positions.
Also granted by the Appeal Court was the stay of execution on the judgement of the Federal High Court delivered by Hon. Justice TG Ringim on the 1st day of July 2020.
The order of the Appeal Court was given on Wednesday 5 August 2020 in respect to suit No: FHC/OW/CS/136/2019 by the sacked LGA Chairmen and subsequent appeal No:CA/OW/163M/2020 by Imo State Government which sought the leave of the honourable Appeal Court to, appeal against the judgement of the Federal High Court, Owerri division, delivered on the 1st day of July 2020.
Extract from the Appeal Court Order which was signed by Hon. Justice Ita G Mbaba and the Deputy Chief Registrar of the Appeal Court, KO Gbayegun (Mrs) reads:
“Upon reading the application hearing and affidavit in support, sworn to by Hon. Robert Azubuike and filed on 13th July, 2020, and after hearing LM Alozie (Miss), Ezinne Eke (Mrs) of council for applicants, Obi Maduabuchi Esq., with C.A.N Osondu Esq., J.S Nwankwo Esq., of council for the plaintiffs/respondents and B.N Amaghereonu, Assistant Director, Imo State Ministry of Justice of council for the defendants/respondents, it is hereby ordered:
That the application is Meritorious, especially as Exhibit F (the proposed grounds of appeal by the applicants) appear to have disclosed good grounds to be argued on appeal and the application is hereby granted as prayed.
That the applicants are therefore allowed 21 days to file their said Appeal at the lower court from the date of this ruling/order.
That parties should maintain status quo ante belum, to avoid dissipation of the res when when the application was heard.
Subsequently, the execution of the said judgement (exhibit G) is hereby stayed, pending the hearing and/or determination of the Appeal. Parties shall bear their respective costs”.
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