ELECTION LAW — Stay of Proceedings — Interlocutory Appeals — Prohibition on Stay
Ratio Decidendi
Per Fabiyi, JSC, in Shettima & Ors v. Goni & Ors (Consolidated) (2011) NLC-123-332-2011(SC) at p. 25; Paras A—C:
"Paragraph 18: 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 and Practice Direction depict that they are made in mandatory terms. The provisions of the law are clear and unambiguous. They should be given their ordinary meaning. The court is bound to give effect to same."
Explanation / Scope
This principle establishes that under Paragraph 18 of the Practice Direction, an interlocutory appeal does not operate as a stay of proceedings before an election tribunal. The provision is mandatory, clear, and unambiguous and must be given its ordinary meaning. The principle applies in election proceedings. It ensures that interlocutory appeals do not delay election matters. The principle reflects the mandatory prohibition on stays. It prevents parties from using interlocutory appeals to stall proceedings. The court must give effect to the provision. The principle provides guidance on the prohibition of stay in election matters.