From Olanrewaju Lawal, Ilorin
The Court of Appeal, Ilorin Division has declared that it will rule on notification notice that the stay of execution of the judgment over the removal of Olofa of Offa, Oba Muftau Gbadamosi Esuwoye II, delivered by the same court, are before the Supreme Court.
The court, presided by new panelists: Justice A. G Mshelia, Justice A. Jauro and Justice R.N Pemu also notified the parties, Olugbense ruling house and Annilerin, through their counsels, its intention to study the facts on ground before taking any decision.
Earlier, Malam Yusuf Ola-Olu Ali (SAN) had argued that under Order 7 (rule 1) of the Court, a notification which entails some facts could not be accepted by the court because it has to come in as a motion.
He informed the court that the notification in contention was filed after the Court of Appeal had adjourned for a ruling on the stay of execution stressing that the Supreme Court had rules on such matter that once there was adjournment for ruling, no notification or application can be file because there was no sitting to hear such notice.
While ruling on their argument, Presiding Judge, Justice Mshelia declared that the parties involved should come on Thursday for ruling on the notice while other applications shall be consider one after the other.
It could be recalled that the Olugbense ruling house had approached the Supreme Court to compel the Court of Appeal sitting in Ilorin, to stay further proceedings in the application for injunction/stay of execution of the judgment of the appellate court in Appeal Number CA/IL/71/2012 which was delivered on 9th July, 2013.
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