By The Weekly Vision Team
The Supreme Court has issued a conservatory order staying the lower court’s decision that declared the Finance Act 2023 unconstitutional after the National Treasury moved to the apex court seeking to have the Court of Appeal’s ruling declaring the Finance Act 2023 set aside pending appeal.
In a ruling delivered on Tuesday, the judges found that public interest tilts in favour of granting conservatory and stay orders to preserve the substratum of the consolidated appeal and maintain stability in the budget and appropriation process pending the determination of this appeal.
“Based on the foregoing, we wish to disabuse the misconception that the element of public interest supersedes all the other elements when it comes to granting stay and conservatory orders,” the Supreme Court judges declared.
The court considered the uncertainty regarding the revenue-raising measures and difficulty that may arise in the operations of the two levels of government as posited by the applicants, coupled with the implications of the declaration of the entire Finance Act, 2023, as unconstitutional.
In addition, given the public interest in the matter, the judges directed that the consolidated appeal be set down for hearing within the shortest time possible. “A conservatory order is hereby issued suspending and staying the declarations in Orders iii, iv, vi, vii & ix(i) issued in the Court of Appeal judgement dated 31st July, 2024 in Civil Appeals Nos. E003, E016, E021, E049, E064 & E080 of 2024 (consolidated) pending the hearing and determination of the consolidated appeal before this court,” the apex court ruled.
