The Appeal Court, sitting in Abuja, Monday, lifted the warrant of arrest order placed on the chairman, Independent National Electoral Commission (INEC), Yakubu Mahmood, by a Federal High Court in Abuja.
The Appeal Court ordered a stay of execution of the arrest order, pending the determination of the appeal filed by the INEC chairman. The three man panel of the Court of Appeal, presided over by Justice Abdu Aboki, held that it would be better for the court to take the appeal and the substantive suit together. The court then ordered for a stay of execution of the warrant of arrest on Yakubu as well as a stay of proceedings of the matter at the trial court.
The court in a short ruling, held that hearing of the appeal cannot go on without delving into the main suit, adding that parties are yet to file their brief of arguments.
“Parties have agreed that the application cannot be taken today, since they have not filed their arguments”, he said, adding that, arguments cannot be taken without delving into the main issues.
“The proper order is to adjourn for parties to file their brief of arguments and since the court below is aware of the appeal and considering the legality of the warrant of arrest issued, it would be prejudicial for the lower court to continue with the case.
“We therefore stay execution of the warrant of arrest pending the determination of this appeal and the substantive suit which would be taken together at the adjourned date”, the Appeal Court held.
The matter was therefore adjourned till the Same 7, for the hearing of the appeal and the substantive suit.
Recall, Justice Stephen Pam of a Federal High Court, Abuja, had on the 1st of August, 2018, ordered for the arrest of Malmood, following his absence in court on three different occasions, to show cause why he should not be committed to prison over his alleged disobedience to the order of the court.
Justice Pam, also in a short ruling on August 8, reaffirmed the order, when the INEC boss on the last adjourned date failed to show up.
