May 23, 2022

SUSACO wins again as Court gives Judgement against Ogun State Government Application for Stay of Execution.

 

 

The application for stay of execution of Judgement came for mention on 5th April, 2022 but was adjourned till today 7th April, 2022 for hearing. The judgement debtors( Ogun State Government & 20LGs of Ogun State ) move her application for the stay of execution and notified the court that Notice of Appeal has been filed and attached to the affidavit in support.

 

The Judgement creditors counsel, Barr. Oladimeji Olabode countered and opposed the application on the points of laws and pointed several procedural defects and concluded that what the judgement debtors referred to as an application is not tenable in law. In his argument, he averred that the judgement debtors failed to bring cause before the Court to warrant such application. He furthered by telling the court that the counsel to the judgement debtors failed to avail their application with the provisions of Order 64 rule 13(2) of the National Industrial Court procedure. ” For any stay of execution to be valid, the following must be followed; (a) Evidence of Notice of Appeal (a) Certified true Copy of the Judgement being appealed (c) Evidence of record of Appeals (d) Evidence that the appeal has been entered.

 

He therefore urged the court to throw away the application as it is useless to be refered to as an application for been defective. He pleaded, in case the court wishes to grant the application, a conditional stay, whereby the judgement debtors pays into an interest yielding account should be considered.

 

Recall that Ogun State Government had lost in a suit filed by SUSACO 2012-2015 set at the Industrial Court over what they tagged as forceful savings by Senator Ibikunle Amosun’s administration as well as denial of paying their entitlements.

 

The Presiding Judge, Justice J D Peteres after carefully listening to both parties, refused the application on its entirety by Ogun State Government.