https://static.ning.com/socialnetworkmain/widgets/index/logo.gif); background-attachment: initial; background-origin: initial; background-clip: initial; background-color: white; background-position: 100% 0%; background-repeat: no-repeat no-repeat; ">
An Ikeja High Court yesterday struck out the application for stay of execution of judgment pending appeal brought by Rear Admiral Harry Arogundade, and the Nigerian Navy against Court’s judgment ordering them to pay the sum of N100 million to Miss Uzoma Okere and Mr. Abdulahi Abdulazeez.
At the resumed hearing of the case before Justice Opeyemi Oke, counsel to Uzoma Okere, the judgment creditor, Jonathan Ogunsanya from the Office of the Public Defender (OPD) prayed the court to strike out the application for lack of diligent prosecution.
“My lord, I want to point out that we are yet to be served with the motion processes for the stay of execution till now despite court orders. As a result, I apply that the application be struck out for want of diligent prosecution.”
The presiding judge, Oke noted that she had ordered that all processes be served at the last hearing and agreed with the counsel by striking out the application..
“It is apparent that the judgment creditors who filed a notice of stay of execution of judgment are not ready for the case to go on. The fourth and the fifth judgment debtor filed a notice of stay of execution of judgment and this was made known to all counsel present in court that day. Since they have refused to serve the necessary processes to all involved, it is clear they are not serious with their application. The case is hereby struck out.”
Justice Oke had earlier struck out Arogundade’s application to stay the judgment by ordering him and the Navy to pay the N100 million awarded to Miss Uzoma Okere and Mr. Abdulahi Abdulazeez into an interest-yielding account until the judgment-debtors’ appeal at the Court of Appeal is determined.
Though she ordered that the publication of “unreserved apology” to the victims in The Guardian, The Nation, and THISDAY newspapers, and on the NTA, AIT, Raypower and Cool FM stations be suspended until the appeal is determines in order to save the judgment debtors unnecessary expenses in case their appeal succeeds.
While ruling on the Navy and Arogundade’s application seeking a stay of execution of the judgment she delivered on January 27, Justice Oke said a successful litigant should not be deprived of the fruits of his judgment except there are exceptional circumstances, which must be special and strong.
“Granting a stay of execution is at the discretion of the court. Such discretion must be exercised and judiciously and judicially. The judgment creditor/applicants have not adduced any special or exceptional circumstances to warrant the grant of this application,” Justice Oke held.
She had in her judgment of January 27, ordered Rear Arogundade, the Navy and four ratings to pay Miss Okere and Mr. Abdulazeez N100 million for assaulting the two. She also described the conducts of the men to Miss Okere and Abdulazeez as “barbaric” and unlawful violation of their fundamental human rights.
It will be recalled that four naval ratings – C.I. Jeremiah, S.A. Bullem, S.A. Kaniga and Francis Okolaogu – assaulted Miss Okere and Abdulazeez on November 5, 2008, for delaying them in traffic on Muri Okunola Street, Victoria Island, Lagos while on the convoy of the Rear Admiral Harry Arogundade.
