ELECTION LAW — Practice Directions — Paragraph 18 — Mandatory Prohibition on Stay
Ratio Decidendi
Per Galadima, JSC, in Shettima & Ors v. Goni & Ors (Consolidated) (2011) NLC-123-332-2011(SC) at pp. 33—34; Paras D—B:
"Paragraph 18 of the Election Tribunal and Court Practice Directions, 2011 provides thus:— 'An interlocutory appeal shall not operate as a stay of proceedings, nor form a ground for a stay of proceedings before a Tribunal.' The provisions of the law are clear and unambiguous. Where the words of a statute are clear and unambiguous a court of law can only expound it and give effect to those words in their ordinary and natural meaning."
Explanation / Scope
This principle establishes that under Paragraph 18 of the Election Tribunal and Court Practice Directions 2011, an interlocutory appeal does not operate as a stay of proceedings. The provision is clear and unambiguous and must be given its ordinary meaning. The principle applies in election proceedings. It ensures that interlocutory appeals do not delay proceedings. The principle reflects the mandatory nature of the prohibition. It prevents stays. The court must give effect to the provision. The principle provides guidance on the prohibition of stay in election matters.