The state's appeal case is in respect of the High Court decision of 30thApril 2008, in which the court presided over by Justice Naceesay Salla-Wadda dismissed the state's application for a stay of proceedings.
At Tuesday's hearing of the appeal, the Director of Public Prosecution (DPP), Emmanuel Fegbenle, told the court that the appellant has filed an appeal motion for a stay of proceeding dated 30thMay 2008 and that the application was supported by an affidavit. He said the appellant relied on all the paragraphs contained therein, adding that they had also attached exhibits. The DPP finally urged the court to uphold the appeal.
Lawyer Mene, counsel for the 2ndaccused, told the court that the respondent had filed an affidavit in opposition, adding that the respondent relied on all the paragraphs contained therein and attached exhibits. He said the application for a stay of proceedings does not satisfy the conditions required and therefore should not be granted. Lawyer Mene finally urged the court to dismiss the appeal.
