- A successful party is entitled to reap the fruits of his victory – NICN
The National Industrial Court, of Nigeria sitting in Abuja and has dismissed the application filed by the Corporate Affairs Commission (CAC) and its Registrar General (RG) Alhaji Garba Abubakar seeking to stay the execution of the monetary judgment obtained against the Commission and the RG by Moses Adaguusu, a Deputy Director and Head of Taraba State Office of the Commission.
Hon Justice Edith Agbakoba in the ruling held that a successful party is entitled to reap the fruits of his victory.
Following his wrongful suspension for 6 months without pay in March 2021′ Mr Moses Adaguusu approached the National Industrial Court in July 2021 for legal redress. On 30th September’ 2022 the trial Court declared the suspension unlawful, null and void. The Court ordered the CAC and its RG to pay Adaguusu all his salaries and allowances during the period of the unlawful suspension.
Rather than comply, the CAC 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 its RG failed to show.
Consequently, the court dismissed the application for lacking in merit.
It will be recalled that The National Industrial Court had in its judgment in September 2022, awarded special damages and costs of the action in the sum of over N16million in favour of Mr Moses Adaguusu for wrongful suspension by the Alhaji Garba Abubakar.
The illegal suspension matter which started in March 2021 has lingered for 2 years.
