The National Industrial Court sitting in Abuja has dismissed an application filed by the Federal Government seeking to stay the execution of its judgment reinstating Prof. Monday Igwe as the substantive Medical Director of the Federal Neuropsychiatric Hospital, Enugu.
Justice E.D. Subilim dismissed the application in Suit No. NICN/ABJ/23M/2026, holding that there was no competent appeal before the Court of Appeal to justify granting a stay of execution.
The ruling was delivered on July 9, 2026, and certified on July 15, 2026.
The applicants in the matter were the Coordinating Minister of Health and Social Welfare, the Minister of State for Health, the Federal Ministry of Health and Social Welfare, the Attorney-General of the Federation, the Federal Neuropsychiatric Hospital, Enugu, and Dr. Ngozi Unaogu.
The court had, on December 11, 2025, nullified Igwe’s removal and ordered his immediate reinstatement to enable him complete his tenure as the substantive Medical Director of the hospital.
Dissatisfied with the judgment, the applicants approached the court for an order staying execution pending the determination of an appeal.
However, Justice Subilim held that the application was incompetent because the applicants had not filed a valid notice of appeal.
The judge stated that an application for stay of execution must be tied to a competent, valid and subsisting appeal, adding that where no such appeal exists, the application cannot stand.
“It is a settled principle of Nigerian adjectival law that an application for a stay of execution is fundamentally ancillary to, and dependent upon, the existence of a competent, valid, and subsisting appeal.
“Where there is no competent appeal pending before the appellate court, an application for a stay of execution cannot stand; it is incompetent and must be dismissed,” the judge held.
The court found that the notice of appeal attached to the application was merely an unfiled draft, as it bore no registry stamp, filing date, registration number or proof of payment of filing fees.
“An inspection of Exhibit A reveals that it is completely blank of any registry filing stamp, date, registration number, or proof of payment of filing fees. It is a mere unfiled office draft,” Justice Subilim stated.
The court also held that since the matter was civil in nature, the applicants required the leave of the Court of Appeal before filing a competent appeal.
Justice Subilim further faulted the appointment of Dr. Ngozi Unaogu as substantive Medical Director while the suit was still pending, describing the action as a “flagrant defiance of the judicial process.”
The judge added that an application for leave to appeal is not the same thing as an appeal, but merely an indication of an intention to appeal if leave is granted.
“An application for leave to appeal is not an appeal; it is merely an application indicating an intention to appeal if leave is granted,” the court held.
The court also ruled that staying the execution of the judgment would prejudice Igwe, whose tenure is due to expire in March 2027.
Counsel to Igwe, Michael Okorie, welcomed the ruling, saying the December 11, 2025 judgment reinstating his client remains valid and enforceable.
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