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An appeal brought to the Supreme Court by Magnus Abe challenging the stay or execution....... has been struck out......



Supreme Court have struck out an appeal by Senator MAGNUS ABE and
forty-two others  against the stay of execution granted in favour the All Progressive Congress in Rivers State over the judgement of JAMES OMOTOSHO.

When the matter came up today at Supreme Court, counsel to the APC, LATIFF FAGBEMI raised a preliminary objection filed to hear the matter.


FABGEMI had asked the court not to hear the appeal against the Stay of Execution but should deal with the appeal first hence the substantive appeal is still before the court of appeal sitting in Port Harcourt.


FAGBEMI who is a Senior Advocate of Nigeria argued that record before the court is not certified and the appellant cannot ask of accelerated hearing and hence decision on stay of execution should be taken on the final ruling while the case run on.


On his part, Counsel to Senator MAGNUS ABE and forty-two others, HENRY BELLO argued that the court ought not to stay an execution on judgement that has been executed ~Bello


He also argued that the court  ought not to have granted stay of execution to party that are in serious disobedient to the court.


Ruling on the preliminary objection by APC lawyer, the five man panel, after forty-five minutes of recesses struck out the appeal and ordered that parties should return to appeal court to hear the substantial matter.