The Court of Appeal, Makurdi Division, has declined to entertain an application filed by Matthew Burkaa, SAN, seeking a stay of proceedings in the enforcement of fundamental rights case brought by Benue All Progressives Congress, APC, Comrade Austin Agada.
The appellate court refused the motion on procedural grounds, citing the absence of an appellant’s brief of argument from the counsel to the APC.
The court emphasized that hearing the application based solely on the notice of appeal would leave the ruling unresolved, with no basis for adjournment.
Burkaa, representing the APC, sought an hour-long stand-down to prepare and submit the requisite appellant’s brief, noting that November 27 marked the Court of Appeal’s final sitting for 2024.
However, this request faced vehement opposition from counsel to the respondent, Usongu Esq., holding the brief of Eyitoya Fatogun, SAN.
In its ruling, the court underscored the impracticality of granting a stand-down, adjudicating the application, and delivering a ruling on the same day.
Consequently, the matter was adjourned to January 13, 2025, for hearing on the stay of proceedings.
