₦airaland Forum

Abemy:
Can the appelete court grant a stay of execution on an ongoing case in the federal high court?

The answer is YES and NO.

What the Nigerian Constitution / Law doesn’t Automatically Give

1. No Automatic Stay on Appeal

Filing a Notice of Appeal does not automatically stay (i.e., pause) the lower court’s proceedings or its delivery of judgment.

A court (e.g., appeal court) must grant a formal stay order (sometimes called “stay of proceedings” or “stay of execution”) for the lower court to be restrained from continuing or executing its judgment.



2. Discretionary Remedy

The power to grant a stay is a discretionary power: courts do not grant it as a matter of course.

The applicant (i.e., the party seeking the stay) must usually show “exceptional” or “special” circumstances to justify restraining further proceedings.

There must be a pending appeal that is valid and arguable.



3. Preserving the “Res” / Status Quo

One of the reasons a court can grant a stay is to preserve the “res” (i.e., the subject matter of the dispute), so that, if the appeal succeeds, the lower court’s decision will not have destroyed or rendered the appeal meaningless.

If there is likely to be greater hardship or prejudice by granting a stay, the court may refuse it.

Also, if the appeal raises a question of jurisdiction (i.e., the lower court may not have had proper jurisdiction), that strengthens the case for a stay.



4. Legal Basis / Case Law

In Kigo v Holman Brothers, the Court of Appeal granted an “interim order of stay of further proceedings.”

In practice, stay-of-proceedings applications have been granted in Nigerian courts, including to stop further steps in the lower court pending appeal.

The Court of Appeal Act and other rules give the appeal court (or other courts) power related to appellate remedies.





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Constitutional / Hierarchical Context

The 1999 Constitution (as amended) provides for appeals from the Federal High Court to the Court of Appeal.

But the Constitution itself does not explicitly provide that the mere lodging of an appeal stays all proceedings; rather, the mechanism to “pause” is through the court’s inherent or statutory power to grant a stay.



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Bottom Line

Yes, an appellate court (or sometimes even the trial court) can stop further proceedings (or execution) in the Federal High Court, but only if a proper application for a stay is made and the court grants it.

This is not automatic just because an appeal is filed.

The applicant must demonstrate special or exceptional circumstances, and usually show that the appeal is not frivolous (i.e., it is arguable), among other things.

What Recent Law / Rules Show (2023–2025)

1. Supreme Court Rules (2024)

Under the new Supreme Court Rules, 2024, Order 7, Rule 2(2) explicitly provides that:

> “the proceedings in any matter before the Court below … shall not be stayed in any form to await the outcome of an interlocutory appeal to this Court.”



This means for interlocutory appeals to the Supreme Court, the lower court’s proceedings are generally not automatically stayed.

That is a fairly strong rule: merely filing an interlocutory appeal to SC does not, under the 2024 Rules, suspend the trial court’s process by default.



2. Supreme Court’s General Powers (under the same rules)

The Supreme Court still has powers under its Act / from legislation (“S. 22 Supreme Court Act”) to make “necessary orders … pending the determination of an appeal,” such as injunctions, “upon the fulfilment of … conditions” (e.g., an undertaking).

In other words: you can apply to the Supreme Court for an order (e.g., stay), but there's no guarantee, and there are criteria / conditions (e.g., giving an undertaking, showing hardship, etc.).



3. Lower-Court Discretion & Principles

From a judgment on the National Industrial Court (NICN) (or similar) recently: the court reiterated key guiding principles for stays:

There must be a valid and competent pending appeal.

There must be “special and exceptional circumstances” for staying proceedings.

The appeal must be arguable (i.e., not frivolous) so that granting the stay makes sense.

The court should consider the competing hardship: whether granting the stay causes more prejudice than refusing it.

Preservation of the “res” (the subject matter) is often a reason to grant a stay.

The discretion to stay must be exercised “judicially and judiciously.”


Also, in a Federal Capital Territory (FCT) High Court case (2025), the court refused to stay execution just because a “mere Notice of Appeal” was filed:

> “This Court shall not … Stay Execution … just because the Judgment Debtor filed a mere Notice of Appeal … there is no evidence … that the Record of Appeal has been transmitted to the Court of Appeal … this Court shall not grant the Stay of Execution …”



That suggests that more than just filing a notice is needed: courts want to see that the appellate process is actually in motion (record transmitted, appellate court “seised” of the appeal).



4. Example: Federal High Court Proceeding Despite Appeal

In Yahaya Bello’s money-laundering case, the Federal High Court (Abuja) continued the trial even though Bello had filed an appeal to the Court of Appeal (on jurisdiction, etc.).

The trial judge explicitly said that grant of stay is discretionary, and just filing an appeal is not enough:

> “The grant of stay of proceedings is at the court’s discretion … no one can give an authority … The judge only needs to exercise this power judicially.”



This is quite illustrative: even in a high-profile criminal case, the lower court did not simply stop just because there was an appeal.



5. Supreme Court Statutory Power to Stay Execution

According to a more recent published Act (or amendment), the Supreme Court may grant a “stay of execution … either unconditionally or upon the performance of such conditions” under its appeal jurisdiction.

This shows there is a statutory basis for the SC to stop execution of a lower court’s decision, under conditions.





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Analysis & Interpretation

Trend: The rules and recent practice lean against automatic stays. Especially with the 2024 Supreme Court Rules, it is more difficult to argue that an interlocutory appeal should freeze lower-court proceedings as of right.

Strategic Implication: If someone wants to stop a Federal High Court from delivering judgment (or further proceedings) pending an appeal:

1. They should apply proactively for a stay (or interlocutory injunction) — not rely on the appeal alone.


2. They need to provide strong justification: show why there is a real risk of irreparable harm, that the appeal is arguable, and possibly give an undertaking.


3. They should ensure the record of appeal is transmitted to the appellate court, because some lower courts treat “no record yet” as a ground to refuse stay.



Risk: If the lower court refuses to stay, it might continue to date hearings or even pass judgment, and then the appeal might be less useful (especially if the judgment is executed or enforced).



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Conclusion

Yes, there are recent legal developments (especially with the 2024 Rules) that limit the ability of an appellate court (or a party) to automatically pause a lower court’s proceedings just by filing an appeal.

But there is still legal and statutory power (in the Supreme Court Act, and in court discretion) for a stay to be granted — just that it’s more controlled / conditional now.

In practice (e.g., Yahaya Bello’s case), lower courts continue to sometimes reject stay applications despite pending appeals.

Can the appelete court grant a stay of execution on an ongoing case in the federal high court?

The answer is YES and NO.

What the Nigerian Constitution / Law doesn’t Automatically Give

1. No Automatic Stay on Appeal

Filing a Notice of Appeal does not automatically stay (i.e., pause) the lower court’s proceedings or its delivery of judgment.

A court (e.g., appeal court) must grant a formal stay order (sometimes called “stay of proceedings” or “stay of execution”) for the lower court to be restrained from continuing or executing its judgment.



2. Discretionary Remedy

The power to grant a stay is a discretionary power: courts do not grant it as a matter of course.

The applicant (i.e., the party seeking the stay) must usually show “exceptional” or “special” circumstances to justify restraining further proceedings.

There must be a pending appeal that is valid and arguable.



3. Preserving the “Res” / Status Quo

One of the reasons a court can grant a stay is to preserve the “res” (i.e., the subject matter of the dispute), so that, if the appeal succeeds, the lower court’s decision will not have destroyed or rendered the appeal meaningless.

If there is likely to be greater hardship or prejudice by granting a stay, the court may refuse it.

Also, if the appeal raises a question of jurisdiction (i.e., the lower court may not have had proper jurisdiction), that strengthens the case for a stay.



4. Legal Basis / Case Law

In Kigo v Holman Brothers, the Court of Appeal granted an “interim order of stay of further proceedings.”

In practice, stay-of-proceedings applications have been granted in Nigerian courts, including to stop further steps in the lower court pending appeal.

The Court of Appeal Act and other rules give the appeal court (or other courts) power related to appellate remedies.





---

Constitutional / Hierarchical Context

The 1999 Constitution (as amended) provides for appeals from the Federal High Court to the Court of Appeal.

But the Constitution itself does not explicitly provide that the mere lodging of an appeal stays all proceedings; rather, the mechanism to “pause” is through the court’s inherent or statutory power to grant a stay.



---

Bottom Line

Yes, an appellate court (or sometimes even the trial court) can stop further proceedings (or execution) in the Federal High Court, but only if a proper application for a stay is made and the court grants it.

This is not automatic just because an appeal is filed.

The applicant must demonstrate special or exceptional circumstances, and usually show that the appeal is not frivolous (i.e., it is arguable), among other things.

Kalashnikov49:
He asked under what law am I being tried on?

You can't place a defence without a law backing you. The charges have been amended so many times.

Why did they expunge the BUHARI was DEAD narrative?

You think people aren't following the shenanigans of your courts abi? Why did GUMI runaway?

Remember also, he is called an agitator and not a TERRORIST.

As you said, Time will tell.

Can the defendant tell the prosecutor how he should be prosecuted?

And is Gumi part of the Case?

You only see other's faults, why has your Lord and personal savior fail to call in his witnesses?

Kalashnikov49:
Is Omotosho and his court higher than the appeal Court?

Did omotosho ordered Kanu to come back to federal high court and continue with his trial?

DomPerignon:
That's a big fat lie.

No court has acquitted KANU of his ongoing terrorism case.

The Appeal court only ruled on the legality of his extraordinary rendition and said it contravened both Nigerian and international law and ordered the FG to return KANU to Kenya and begin the process of rendition within legal means.

The Supreme Court set aside the Appeal court verdict on the grounds that KANU was already sanding trial for serious crimes of national importance and ruled that KANU was first a fugitive at large and that the extraordinary rendition even though an illegality if both Nigerian and international law did not hold because KANU had lost his protection of the court after jumping bail from where he continued his terrorism activities.

In the first place, the court of appeal was wrong to have ruled in what was not filed before it. Kanu was in the appeal court to contest the jurisdiction of the federal high court. He wasn't there to challenge his repatriation. In law therefore, you can not try what is not before you.

Don't mind those claiming he was discharged. Even Simon Ekpa disagreed to that on his platform.

Kalashnikov49:
Its not Kuje buzu

He is in DSS custody.

read this:

Court of Appeal acquitted the agitator in a judgment delivered on October 13, 2022

He is using your own courts to smash that black dot on your forehead

Is Court of appeal higher than the supreme Court?

Pakute:
https://dailypost.ng/2025/11/10/nnamdi-kanu-files-motion-to-set-aside-supreme-court-judgment-remitting-trial-to-fhc/

Was the law truly repealed as claimed by Kanu? Yes.

Was there a Claus in the new amendment allowing subsisting trials to continue under the new amendment ? Yes.

Kanu is therefore just postponing justice, but justice he shall get. For he is being tried on existing laws.

It is funny when people say Kanu committed no crime, but the criminal himself is trying to evede justice by claims of none existing laws and want of jurisdiction. He hasn't denied committing treason or terrorism, but he is claiming no Nigerian laws incriminate his activities.

Time shall tell.

Pakute:
https://dailypost.ng/2025/11/09/atiku-will-never-be-nigerias-president-destiny-doesnt-favours-him-oba-of-lagos-akiolu/

We mix up everything in this country. Should a traditional ruler in his right senses be talking about divinity? How can you serve two masters?

Exousiang01:
His supporter insulted me and called me ignorant claiming he studied law

I reside in the south east, sometimes I am forced to agree to their lies in their mist to avoid trouble, but I always know when they are being sentimental.

These people are emotionally sentimental. They hate the truth.

Her stature disgust me

ALTERNATEID:
https://www.trtafrika.com/english/article/178f198e7c25

Can someone qoute any international laws Russia relied on to attack Ukraine?

ALTERNATEID:
This is a welcome development. While Nigeria should keep engaging the US government to iron things out, we should also be discussing alliance and military cooperation with foreign powers like Russia and China.

Which of the international laws did Russia relied in, to invade Ukraine?

Exousiang01:
Na for inside court room other lawyers dey come read materials?

Only a half-baked lawyer will be carrying books into the court.

That's if he is a lawyer like you say

He is not a lawyer. Didn't you hear when Omotosho told him that he was giving him more time because he is not a lawyer, that he studied economics?

fergie001:
https://www.facebook.com/share/p/16obTUicFD/

Cutting age technology that will still end up in the hands of the terrorists?

Ttalk:
Kanu is now turning to a comedian. There's nothing watery beans can't cause

Kikikikikiki, ekekekekekek, laugh wan kpai me here.🤣😂🤣😂🤣🤣🤣🤣🤣

ogugwa1992:
The leader of Niger Delta Forum Comrade Sunday Briggs speaking with media on 13th October, 2025 in Port Harcourt, Rivers State has strongly warned against the call by Omoyele Sowore for the #MNKOct20 Campaign # with attendant solidarity gestures anywhere in the region.



https://www.arewareportersng.com/niger-delta-forum-warns-against-mnkoct20-campaign-in-the-region/

Only those with short memories can protest for Kanu's release without trier

Defend yourself and go home honorably.

Nigerians have short memories. That's why I am always surprised when people say Kanu committed no crime.

Jennyclay:
Don’t mind Nigerian men, they don’t even care if their wives are satisfied or not

And If their wives start looking outside to get satisfied watch how they will be calling her derogatory names

To those men whom you intend to look out for satisfaction, are they not Nigerians men, or you travel abroad for satisfaction?

Lancelot04:
Hello everyone, I just need to speak up before I cause permanent damage to myself. Some months back I took a combination of clarithromycin, Omeprazole and amoxicillin one each and I went to bed but by morning my penis shrank and since then I've not gotten full function of my genitals, I thought it was reaction and it will subside soon, but after some weeks i went to a primary health care were they asked me to do urine culture test after which I was given antibiotics but even after the antibiotics no real improvement and then I went to the hospital and the doctor asked me to discontinue all antibiotics and I was given pain meds and some vitamins. Please has anyone had such experience? What could possibly cause my issue I still have erection but zero libido or urge and my penis feels hard when flaccid and also painful. Please doctors in the house, what do you advise and who should I see for help.

Orthodox medications doesn't cure ulcers, they only manage it. I can help you cure ulcers for a token.

As for your problem, you need to see a Doctor.

All Trump is doing is business based, he is not a peace maker perse.

Without his own benefits, no peace will be brokered

alphonsojidebab:
https://eyesoflagos.com/blessing-ceo-confirms-breakup-with-ivd-says-love-is-not-for-me/

It's all lies, she has since said he has lost her controversy touch and needed to recheck it, that's why she posted such fake news.

Omooba77:
https://dailypost.ng/2025/10/08/court-orders-igp-to-arrest-mahmood-yakubu-ex-inec-chairman/

He should be arrested. It was during his stewardship that he disobeyed court orders

Nigerians have short memories, if Jonathan could not do much when things were this messy, what makes anyone think he can do better now?

People pushing for a Jonathan presidency wants to destroy the last reputation he got as a person.

Jonathan was clueless, APC fail us no doubt, but Jonathan was not, and can not be different.

When last did Wike replied his critics or enemies through spokes person?

Has he started lying low?

Putindbutt:
Joblessness, efforts in futility. Do Deji, Sowore, Effiong, think they're are messing with Obi who easily chicken out at any challenge.
So far, these clowns have not provided a single proof of money laundering against either Wike or his Wife, none!. Sowore has no training in investigative journalism, he's only collecting free money from Ford Foundation for scamming them.
By now, I expect Sowore to have flooded the internet with undisputable account details through which Wike or his Wife used to wire these monies abroad to purchase those properties, would have provided us the names of the banks either in Nigeria or in the US where the money was routed. But brrrrh, this clown is only feeding those people who love swallowing up every junks thrown at them without thinking. They have been celebrating nonsense thinking Wike has fallen into their trap. What a joke you are.
I could remember, this same Sowore posted a picture of Kenyamo's penthouse in the UK and started making all kind of noise but atlas, what happened?, he was shut up.
He will come online with his fake Sahara desert to say, Wike was on a wheelchair, his hands were shaking, couldn't walk, blablabla, then the next minute, we saw Wike granting TV interviews and receiving guests in Abuja.
In another fake news, he said Wike was on an emergency admission for heart failure in the UK and then boom, that same week, Wike was in Abuja flagging off projects. Tinubu had gone to France for medical treatment, then we saw Mr President being hosted to dinner by Macron. So many fake news he cooks in his bedroom and then pass it off to Obidients who obviously celebrate any of such fake news until the day he attacks Obi and then, Obidents turn around fighting back, allegiing he has been paid by Tinubu to attack Obi.

Look for the video clip, where Reno Omokri explained how his lawyer advised him against publishing all evidence before court proceedings. And how he eventually presented half evidence and Natasha thought Reno was daft and had no evidence.... Look for the video and watch.

Sirmwill:
How exactly can a Sitting President in Nigeria even achieve this?

Is it through the Senate

Signing it into the Law?

Or preventing Electoral Process during the time of election?

Or Getting rid of other Political parties and Winning in His Party Primaries

Or using power to get rid of his contenders for the Presidential seat?

Which particular way can a President achieve a Third term without going against the law?

By a constitutional amendment that defile all honesty and public hearings.

LordBiden:
Sowore must be high on cheap crack.

Are you saying a two terms governor of an oil rich state like rivers cannot afford a mansion in USA without stealing state funds.

I still like wike,at least he is a performer and not like other politicians who steals and still don't perform in office.

The wife also earns huge income as a judge.

What were his legitimate earnings, and what is the position of the law, on public servants buying properties abroad, and if you claim to know more than Swore, while did Wike hide it?

Nemesis has finally cached up with #Nkechi_Blessing🤔🤔🤔🤔🤔?

Oh, now she knows God can revenge mocking people on health grounds?

Oh, I see🤔🤔🤔🤔🤔, this was her reason for apologizing to Mercy Johnson Okogie.

She played a fast one on all of those who believed her, but not on karma right?.

She now feels maybe, Mercy's prayers are working and she tends to do same to who ever her mocker may be.

Dear #Nkechi_Blessing don't you think it is the the finger you pointed at mercy that pointed back at you?

Let me borrow your words to ask you a question, Don't you think it's Mercy's witchcraft that is after you?

My dear #Nkechi_Blessing, mine is not a mockry post, but a post to remind you and indeed all of us, that we don't have to laugh at, or mock anyone, for no one knows tomorrow.

I wish you quick healing from your ailments. Amen.

An Atiku presidency can never be better or even something close to a Tinubu's. The both are failures but Atiku's case will be worst.

Don't say you were not warned

Believe this political prophet at your own risk.

He never saw a Tinubu winning APC primaries in the build up to 2023 elections, all his predictions favoured Atiku, he even said Tinubu will be given an Abiola treatment, but after the primaries, his prophecies changed.

Is this one a prophet

"The pair tied the knot on June 12, 2004, and their marriage was officially dissolved by the Lagos high court on August 25, 2005, due to “irreconcilable differences”. They share three children together.]

Three children within one year?