By Osaigbovo Iguobaro, Benin
An Edo State High court, sitting in Benin, has dismissed the motion challenging the court’s jurisdiction in hearing the N5 billion suit against the State Chairman of the All Progressives Congress (APC), Col. David Imuse (Rted).
Justice Vesty Eboreimen, dismissed the motion on the ground that, when an appeal had been entered in an appellate court, it does not operate as a stay of proceeding in the lower court.
Imuse, had in an oral application, through his counsel, Austin Osarenkhoe, prayed the High court to stay proceeding in the suit filed by the Claimant, Independent National Electoral Commission, (INEC) Resident Electoral Commissioner in Akwa Ibom State, Mike Igini, pending the determination of the case at the appeal court.
Reacting, counsel to the claimant, Clement Onwuenwunor, objected the motion for stay of proceeding, arguing that the first defendant has not even file the stay of proceeding on the case.
Buttressing his point, he cited order 4 rule 11 of the court of appeal rules for 2021, and the Supreme court ruling between Justice Walter Onnoghen (Rtd) versus the Federal government of Nigeria, with citations supplied and others.
He further argued that an appeal does not stand as stay of proceeding.
However, in his reply on the point of law, Austin Osarenkhoe, argued that order 4 rule 11 of the court of appeal which he referred does not avail him.
In the instance suit, the Claimant, had demanded for the sum of N5 billion as aggravated damages from Imuse (Respondent) for alleged libelous publications in three national Newspapers against him before Edo 2020 Governorship election.
Delivering her ruling, Justice Vesty Eboreimen held that application for stay of proceedings ought to first be filed adding that, when an appeal has been validly entered, the application must be filed in the right format.
Justice Eboreimen, ruled that, “I have accordingly dismissed and discountenance the application of stay of proceeding orally moved by the first Counsel to the first defendant.
“I call on the Claimant to continue with his case.
“I am satisfied that the court of appeal rule is quite explicit…”
“An appeal even when it has been entered in an appellate court, does not translate to a stay of proceeding in the lower court”, he said.
