On Monday May 30, 2022, The Supreme Court, Abuja led by Honorable Justice Olukayode Ariwoola, J.S.C., C.F.R.,unanimously dismissed an application brought by the Independent National Electoral Commission (INEC) for the stay of execution of the judgment of the Court of Appeal which declared the purported de-registration of the Party illegal, null and void’.
Reacting to the Supreme Court’s decision, the National Publicity Secretary of the Youth Party, Mr Ayodele Adio said “we believe the application was calculated to hoodwink members of the public to believe the bias Electoral Body has a legal basis for its desperate attempt to exclude Youth Party from the 2023 electoral process. It was a part of the deliberate and desperate attempt to de-market our Party by making the general public believe the Party is unable to contest at the general elections in 2023.”
Additionally, Mr Adio said “the concurrent decisions of the Federal High Court and the Court of Appeal was declaratory in nature and an application to stay the execution of a subsisting declaratory Court judgment is unfounded in law. This principle of law has been established in a plethora of cases and was stated by Per Obaseki J.S.C in the case of Governor of Gongola State V. Tukur (1989) 4 N.W.L.R (592 at 602), wherein the Supreme Court held that:
“Also, a declaration simpliciter is a solemn affirmation of a state or status by a court. That in itself is a complete relief which is not executory. An order has to be executed before its anticipated execution can be stayed.”0