LEGAL PRINCIPLE: CIVIL PROCEDURE – Stay of Execution – Court Will Not Grant Stay to Aid Disobedience
PRINCIPLE STATEMENT
Where an applicant is in continuing disobedience of a court order and has no intention of complying, it is improper for the court to grant a stay of execution, as that would aid the disobedience.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Lawal-Osula v. Osula (1995) NLC-661993(SC) at p. 15; Paras G–H.
"Where an applicant is in continuing disobedience of the order of the court and has not the least intention of complying with it as in this case, it will be improper for the court to consider the exercise of its discretion in his favour. The applicants are asking this court to help them continue in their disobedience. If this application is granted, the court will unwittingly erase the judgment of the court below."
EXPLANATION / SCOPE
A party in contempt cannot seek a discretionary remedy to continue the disobedience. The court will not aid a contemnor. The principle applies to stay of execution and other equitable remedies. The applicant must first purge the contempt. The rule prevents abuse of court process. The court will examine whether the applicant is in continuing disobedience. The principle promotes respect for court orders. The applicant cannot benefit from his own wrongdoing. The court will refuse the application if the applicant remains in contempt.