Court of Appeal dismisses application for stay of execution filed by four suspended lawmakers of EDHA

he Court of Appeal sitting in Benin City has dismissed in its entirety the application for stay of execution brought before it by four suspended lawmakers of Edo State House of Assembly against the injunction issued by a Benin High Court.

Justice Morounkeji Ogunwunmiju, who read the ruling on behalf of his brother justices ruled that the said suspended members could not seek any relief from the Court of Appeal while they were in contempt or disobedience of the order of the High Court.

Justice Ogunwunmiju ruled that a party who was in contempt of a positive order of Court cannot be allowed to seek or obtain any relief from the Court while the contempt persists.

The Court further held that a party who believes that an order against it was made without jurisdiction is still bound to obey same until it is set aside.

The court was of the opinion that the application for stay of execution was premature as the four suspended legislators should have allowed the High Court to hear and determine the motion on notice rather than rushing to the Appeal Court.

The lawmakers, Festus Ebea, Patrick Osayimwen, Jude Ise-Idehen and Friday Ogieriakhi had approached the Appeal Court to vacate the enrolment of order of the Benin High Court.

Meanwhile, reports say the PDP lawmakers say they will appeal the judgment.