“it was a settled principle of law that merely filing an appeal “does not operate as a stay of action in respect of the judgment of a court.” – Falana, SAN
RDNews brings you an accurate, well-detailed and objective report on various activities ranging from politics, entertainment, education, health, economy, religion and other spheres of life.
Femi Falana (SAN), Human rights lawyer, on Wednesday, wrong the move to an appeal filed at the Court of Appeal by the Federal Government as a reason for disregarding the court ruling ordering the release of the leader of the Islamic Movement in Nigeria, Ibraheem El-Zakzaky, and his wife, Zeenat, from the custody of the Department of State Services.
Falana said this in response to Femi Adesina, who support the continued detention of El-Zarzaky, despite a December 2, 2016 judgment of the Federal High Court in Abuja ordering their release.
According to the statement, he said “it was a settled principle of law that merely filing an appeal “does not operate as a stay of action in respect of the judgment of a court.”
“Filing the appeal “has not varied or suspended the order of the federal high court for the release of the El-Zakzakys from unlawful detention.”
He also said “that the order of a court for the release of a citizen from custody cannot stay pending the determination of an appeal,” which, according to him, was why the Federal Government “did not deem it fit to file any motion for stay of execution of the orders of the Federal High Court.”