NBA APPEALS RULING OF THE FHC NULLIFYING THE RATIFICATION OF THE SUSPENSION OF MRS. JOYCE ODUAH: FILES MOTION FOR THE STAY OF EXECUTION OF THE SAID RULING.
The Nigerian Bar Association has this morning successfully filed an application to restrain Mrs Oduah from giving effect to the Federal High Court order which reversed the NBA-NEC’s ratification of Oduah’s suspension.
The NBA through its lawyers filed a Notice of Appeal at the Court of Appeal against the decision of the lower court in which the court opined that NEC’s ratification alters the subject matter of the proceedings before the court. The NBA has argued that the lower court in reaching its decision erred by failing to take into account the reliefs sought in Oduah’s originating summons in making a determination as to whether the ratification alters the subject-matter of the proceedings. The NBA has also argued that the NEC’s ratification cannot be said to have impacted the subject-matter of the proceedings as NEC’s ratification was merely an approval in principle as Oduah already stood effectively suspended by the National Officers since 15 August 2022.
Along with its Notice of Appeal, the NBA has also filed an Injunction Pending Appeal suspending the effect of or any actions or steps that may give effect to the perverse Court Order under appeal.
By these steps, the NBA has put the Order of the Federal High Court in abeyance and effectively returned the parties to status quo ante bellum – the position before the commencement of the ODUAH’S suit, which is that she still stands effectively suspended by the National Officers of the NBA until the court hears and finds otherwise.Form 25 Aug 2022
