. Says stay of execution doesn’t apply

By Steve Oko

UMUAHIA – Former Senate President and the Chairman, Board of Trustees of the main opposition Peoples Democratic Party (PDP) , Senator Adolphus Wabara, has advised the National Working Committee (NWC), of the party to obey and comply with the Appeal Court judgment which sacked Senator Samuel Anyanwu, and affirmed Ude Okoye as the National Secretary of the party.

According to him, the execution of the judgment “cannot be stayed” but only challenged in a superior court, hence, the need for the party to simply comply as

 as a party that respects the rule of law.

The BoT Chairman who made the explanation in an exclusive interview with Vanguard, said the party also “has respect for its constitution.”

Recall that the Court of Appeal sitting in Enugu, had on December 20, 2024, upheld a High Court ruling that sacked Sen. Anyanwu as the National Secretary of the PDP, and upheld  Okoye as the party’s substantive National Secretary.

In a lead judgment delivered by Justice Ridwan Abdullahi, the Court described Anyanwu‘s claim to the PDP’s secretarishp position after he contested and emerged as PDP governorship candidate violated the party’s constitution and his appeal lacked merit

Senator Wabara commended the judiciary for the judgment which he said, had lent credence to the position of South East PDP on the matter.

The former Senate President who said that he had always advocated that the party’s constitution should not be flouted  for whatever reason,  advised all parties to abide by the judgment.

He explained that the nature of the judgment “is such that it does not entertain stay of execution” but could only be challenged in a superior court.

Wabara said:” The judgment affirming Ude Okoye as PDP National Secretary is a welcome judgment. It further lends credence to the decision of South East PDP on the issue. We had always contended that the party’s constitution must be obeyed, and the Appeal Court judgment has just affirmed that.

Advises NWC to comply

“Since PDP is a party that obeys the law, and believes in  constitutionality, we should obey this court order. As the BoT Chairman of the party, I want to request of the NWC of our party to obey that judgment.

” If at sometime in the future, there is a counter court judgment, we won’t have any option but to obey it. Such counter judgment must come from a superior court, and the Supreme Court in this circumstance.

” So, we should allow the change to take place, and when there is a counter judgment from the Supreme Court, then the party will also obey it.

Cautions against any move for stay of execution

” I want to make it very clear; I have consulted widely on this and found out that the issue of stay of execution does not come in here. One can only challenge the judgment but not stay the execution because that judgment is a declaratory judgment.

” In law, the execution of a declaratory judgment cannot be stayed. It can only be challenged in a higher court. You cannot stay action on declaratory judgment

“I, will, therefore, advise those going to court for a stay of execution not to waste their money on that. They should apply their money appropriately towards the Supreme Court, and not to cause problem here and there, thinking that once you appeal against a judgment that it is automatic stay of execution. That does not apply here because declaratory judgment does not entertain stay of execution”.

Senator Wabara who expressed confidence that PDP would bounce back as the ruling national party in 2027, appealed to members of the party to put the party’s interest above parochial interests.

He called for unity and peace among the party faithful, adding that Nigerians are waiting for PDP to restore their hope.