Alex Enumah in Abuja
The Appeal Court Abuja division has ordered a stay of execution of the warrant of arrest on Chairman of the Independent National Electoral Commission (INEC), Mahmoud Yakubu, pending the determination of the appeal filed by Yakubu.
The three man panel of the court of appeal, presided over by Justice Abdu Aboki also ordered a stay of proceedings on 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 argument.
“Parties have agreed that the application cannot be together today, since they have not filed their argument”, he said, adding that argument cannot be taken without delving into the main issues.
” The proper order is to adjourn for parties to file their brief of argument 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 matter was therefore adjourned till the 17 of September, 2018 for the hearing of the appeal and the substantive suit.