CECILIA IHUOMA NWANKWO VS EMMANUEL C. NWANKWO PAGE|
July 9, 2025SAMUEL EREKANURE VS THE STATE
July 9, 2025Legalpedia Citation: (1993) Legalpedia (SC) 61998
In the Supreme Court of Nigeria
Fri Jun 11, 1993
Suit Number: SC. 225/1992
CORAM
OBASEKI, JUSTICE SUPREME COURT
MUHAMMADU LAWAL UWAIS JUSTICE, SUPREME COURT
ABUBAKAR BASHIR WALI JUSTICE, SUPREME COURT
MICHAEL EKUNDAYO OGUNDARE JUSTICE, SUPREME COURT
NASIR, JUSTICE COURT OF APPEAL
PARTIES
AFRICAN CONTINENTAL BANK PLC APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The applicant sought a stay of execution until the determination of the appeal by the applicant against the decision of the Court of Appeal in a different matter. The relief sought in the Notice of Appeal to Supreme Court is to grant leave to appeal from the High Court to the Court of Appeal.?
HELD
The court held that though the notice of appeal contains grounds of law for which leave is not required to appeal, the applicant cannot ask for a stay refused by the High Court directly to the Supreme Court.
ISSUES
1. Whether there is an appeal before this Court on which the prayer for stay of execution can be predicated.2. Whether the applicant’s application for stay of execution is competent?
RATIONES DECIDENDI
CASES CITED
Ogbechie v. Onochie (1986) 2 NWLR (Pt.23) 484; (1986) 3 S.C. 54
STATUTES REFERRED TO
The Constitution of the Federal Republic of Nigeria 1979?
