Rivers APC: Appeal Court Suspends Proceedings, Orders Stay Execution Of Lower Court Judgement
…Etiaba: Aguma still acting chair
The Appeal Court of the Abuja Division, Thursday, stayed proceedings in the appeal filed by the sacked Caretaker Committee chairman of the Rivers State All Progressives Congress (APC), Isaac Ogbobula.
The stay of proceedings was sequel to affidavits sworn to by the first respondent in the appeal, Igo Aguma, whose counsel, Emeka Etiaba (SAN), told the three-man panel of justices that an appeal has been entered at the Supreme Court against a ruling of the panel which last week dismissed his preliminary objection to the appeal filed by Ogbobula.
The appellate court held that it cannot continue to hear the appeal on the grounds that once an appeal has been lodged at the Supreme Court against its ruling, the court ceases jurisdiction pending the apex’s court judgment.
The panel therefore declined jurisdiction, saying in the interest of justice hearing of the case is halted pending the determination of the appeal before the Supreme Court.
According to Justice Stephen Adah,-led panel, “This court cannot continue to hear the appeal been that this court can’t determine the outcome of the Supreme Court.”
The panel held that the court cannot continue in the hearing of the matter, as the first respondent has proved to the court that an appeal has been entered.
“An affidavit is an evidence of proof. The affidavit is showing that an appeal is before the Supreme Court. The notice of appeal and other processes have been brought to our notice in respect of the ruling of the court.
“This court cannot continue to go on with this matter since we don’t know the decision of the Supreme Court on the Appeal “, Justice Adah said.
The panel consequently adjourned the matter indefinitely.
The panel, however, upheld the alternative prayer of the appellant that if the panel was to stay proceedings in the matter, it should make an order of stay of execution of the judgment of trial court in Port Harcourt, Rivers State.
The court had, on July 8 granted the request by Ogbobula praying the court to depart from its rule to abridge the time within which to compile record of appeal and to deem the record as been properly filed.
Etiaba had in his objection submitted last week that the record was compiled before the notice of appeal was served against the rule of the court which requires that the respondent must be served before records are compiled.
But, counsel to the appellant, Tuduru Ede (SAN) argued that by Order 2, Rule 1 of the court, the order of substituted service granted by the court covered the issue of service raised by Etiaba.
He said by Order 8 Rule 6 and 9 of the Rules of the court, the party that feels dissatisfied with record of appeal has the rights to transmit additional record and urged the court to discountenance Etiaba’s objection, a position, the court agreed with and held that Etiaba’s ground of objection was misconceived.
Dissatisfied, Etiaba filed an appeal challenging the ruling of the appellate court at the Supreme Court.
Meanwhile, Etiaba (SAN), counsel to the Aguma faulted the stay of execution order.
Speaking with the media, Etiaba wondered why a court that had ceased to hear a matter still went ahead to make an order on stay of execution of the judgment of the lower court.
He held that there were some declarative reliefs made by the trial court, which the panel failed to take into consideration.
He said as far as the law was concerned Aguma was still the chairman of the party in the state, noting he would go to the Supreme Court to challenge the order on stay of execution.
Earlier, Ede (SAN), counsel to Ogbobula told the court that he was served with three processes from the first and the third respondents in the appeal.
Aguma, through his counsel said one of his affidavits filed before the court was a reply to the appellant’s response to his preliminary objection, while the second one was a verifying affidavit of facts with respect to the notice of appeal and application for stay of proceedings pending the determination of the appeal at the Supreme Court.
According to Etiaba, “By that affidavit filed on July 15, 2020, we have brought to the notice of the court that we have an appeal for stay of proceedings at the apex court”.
Ede (SAN), in his submissions, urged the court to strike out the affidavits for being incompetent, adding that the Court of Appeal rules do no allow filling of verifying affidavit of facts.
“The affidavit is incompetent because it is strange under the rule of the court and I urge earnestly that it should be struck out”, Ede submitted.
Ogbobula, who is a loyalist of the Transport Minister, Rotimi Amaechi, is challenging the judgment of Rivers State High Court which nullified his Caretaker Committee and affirmed Igo Aguma as the authentic acting chairman of the APC in the state.
Aguma, APC and former chairman of the APC, Adams Oshiomhole are the first, second and third respondents.
Justice George Omereji had on June 9 declared Aguma as the acting chairman of the party in the state.
The court also compelled the party to allow all members of the party loyal to Senator Magnus Abe to participate in the new congresses.
