Stay of Execution

Stay of execution, conditional or unconditional are granted entirely at the discretion of the court and with all discretionary powers/orders an appeal court is always loath to interfere with the way a court exercises its discretion but will be compelled to interfere if the discretion was wrongly exercised, or was tainted with some irregularity, or in breach of the law, or the court finds that it is in the interest of justice to interfere. See on these. University of Lagos v Aigoro (1985) 1 NWLR (Part 1) 143; Nzeribe v Dave Eng. Co (1994) 8 NWLR (Part 361) 124.
The grant/refusal of an application for stay of execution is a matter of discretion, and so the judge must examine the facts and circumstances of the case and the rules applicable and refrain from acting as he likes. He must take into account the competing rights of the parties and exercise his discretion judicially and judiciously. That is to say with sound and convincing reasons.

Ajuwa & Anor V. The Shell Petroleum Development Company of Nigeria Ltd: LGC(16/12/2011)Q

Fourthly every court has an inherent jurisdiction to stay proceedings on the ground that they are an abuse of process or that they are frivolous and vexatious. By the same token, if the grounds of appeal the Applicants filed are frivolous, this Court will not stay execution pending such appeal.

It has also been held that where the refusal of a stay would destroy the subject matter of the action that eventuality would amount to exceptional circumstance which will warrant a stay:- Emmerson v Ind. Coope & Co (1886) 55 L.J.Ch. 905.

It is trite and a well established general principle of law that stay of Proceeding/Execution will not be entertained unless an appeal has been lodged. See the case of NDLEA v. Okorodudu (1997) 3 NWLR (Pt. 492) 221, and Fatoyinbo v. Osadeyi (2002) 5 SC Part 11)1.
In other words, the jurisdiction to stay execution of a judgment can only be exercised pending a valid appeal. Accordingly in the absence of a pending appeal (and indeed a valid motion for leave to appeal) the lower Court in the case at hand did not have jurisdiction to grant the relief sought.

Dickson Ogunseinde Virya Farms Limited v. Societe Generale Bank Limited & Ors LGC(9/2/2018)D- E