Court Fails To Stay Execution Of Judgment Against CAC, Registrar

The National Industrial Court (NIC) sitting in Abuja and presided over by Hon Justice Edith Agbakoba, in its ruling has dismissed the application by Corporate Affairs Commission (CAC) and its registrar- general, Alhaji Garba Abubakar, seeking to stay the execution of the monetary judgment obtained against the Commission and the registrar general by Moses Adaguusu, a Deputy Director and Head of Taraba State office of the Commission. 

Following his wrongful suspension for 6 months without pay in March 2021, Adaguusu approached the National Industrial Court in July 2021 for legal redress. On September 30, 2022, the trial court declared the suspension unlawful, null and void. The court ordered the CAC and its registrar general 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 the registrar-general  failed to show. 

The court consequently dismissed the CAC application for lacking in merit. The court held that a successful party is entitled to reap the fruits of his victory. 

 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 Aduguusu for wrongful suspension by the registrar general of CAC Alhaji Garba Abubakar. 

The illegal suspension matter which started in March 2021, has lingered for two years.