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The Presiding Judge, Abuja Judicial division of the National Industrial Court, His Lordship, Hon. Justice Edith Agbakoba has dismissed an application for the order of the stay of execution filed by the Hon. Minister for Education, Auchi Polytechnic & 5 others against the judgment of a court delivered on the 3rd day of July 2019 in favour of Mr. Daniel Noyinse.
The applicants had prayed for stay of execution of the said judgment pending the hearing and determination of the case at the Court of Appeal.
Learned Counsel to the applicants- Hon. Minister for Education and Six others submitted that from the evidence before the Court, that the application has merit and ought to be granted that the Defendants/Applicants have the substantial ground of appeal to canvass before the appellate Court.
In opposition, Counsel to the Judgement Creditor- Mr. Daniel Noyinese argued that even where there is a valid Notice of Appeal, there must be evidence that the conditions of Appeal have been fulfilled that the applicant exhibiting no document showing such fulfilment.
In his ruling, the presiding Judge, Justice Agbakoba held that the only decisions of the National Industrial Court from which a party in a civil action can exercise a right of appeal without much ado is where it emanates from questions of fundamental rights but limited to those contained in chapter IV of the Constitution.
“Considering the Constitutional requirement precedent to the fact of showing the lower court that there is in existence a valid appeal, I find that the what the Judgement Debtor has put before this court is short of what constitutes a valid appeal for the consideration of a stay and on that basis this application fails in its entirety and is denied.” Justice Agbakoba
All in all, the Court dismissed the application for stay of execution for lacking merit, awarded the sum of One Hundred Thousand Naira against the Applicants severally.
