The hearing in the motion for stay of execution filed by the Peoples Democratic Party (PDP) on behalf of its sacked National Secretary, Prince Olagunsoye Oyinlola, was on Friday stalled following the absence of Justice Abdul Kafarati of the Federal High Court sitting in Abuja.
According to the Tribune, which reported the news, Justice Kafarati could not sit because he was bereaved. The judge had on January 11 sacked Oyinlola as the national secretary of the PDP. But, not satisfied, Oyinlola, through his counsel, Kunle Kalejaye (SAN), and the party, through its legal adviser, Kwon Victor, filed separate motions for stay of execution of the judgment pending an appeal which both had filed before the Court of Appeal, Abuja division.
The filing of the motion for stay came barely a few days after the National Chairman of the party, Bamanga Tukur, replaced Oyinlola with Onwe, saying it was the decision of the party.
However, the party had filed a motion on notice to the court pursuant to Order 32, Rules 1, 2 & 4(1), Order 56 Rule 1 of the court (civil procedure) and Section 36(1) of the 1999 Constitution, as amended. Oyinlola and the PDP are seeking an order of injunction pending appeal restraining the judgement creditors in the application, whether by themselves, their agents, privies or assigns or any other person acting through them or howsoever, from giving effect to, or otherwise seeking the enforcement of the judgement of the court delivered on January 11, pending the hearing and determination of the party’s appeal before the Court of Appeal.
They also want an order of stay of execution pending appeal of all orders of the court granted by way of reliefs contained in the judgment of the court delivered on January 11 pending the determination of the party’s appeal before the Court of Appeal. The appellants premised their application on the ground that they were dissatisfied with the judgment of the court and that same has been appealed, adding that they raised substantial and arguable issues of law which are recondite.