The National Industrial Court, sitting in Abuja has dismissed the stay of execution application made by the Corporate Affair Corporation (CAC) and its Registrar General, Alhaji Garba Abubakar on the judgment it delivered over the wrongful suspension of a deputy director, Mr. Moses Adaguusu.
The ruling dismissing the stay of execution was recently delivered by Hon. Justice Edith Agbakoba.
Recall that Mr Moses Adaguusu had last year obtained a monetary judgement against CAC and its Registrar General over six (6) months wrongful suspension without pay.
The intention of Moses Adaguusu to seek legal redress brought about the judgement delivered on 30th September, 2020, where the trial court declared the suspension unlawful, null and void. The Court thereafter, ordered the CAC and its Registrar General to pay Mr Moses Adaguusu all his salaries and allowances during the period of the unlawful suspension, amounting to the sum of over N16million
CAC through it’s lawyer filed an Application to Stay the Execution of the monetary judgment pending the determination of the Appeal. The Court after hearing arguments for and against the application, found that the CAC failed to satisfy the legal requirements for granting such an application.
The Court emphasised that an application for stay of execution which has the effect of depriving a successful party the fruits of his judgment is not granted as a matter of asking but only in exceptional circumstances which CAC and the Registrar General failed to show.
The illegal suspension case between Moses Adaguusu against the CAC and its Registrar begin in March 2021. Though the case has lingered for the past two years, judgement is being served.