The Supreme Court must always ensure consistent application in the principles of law.Its approach to the application for stay of execution by Alex Markin in the vacant seats saga is most confusing.The first problem is the nature of the application which was sought.
A party cannot seek an application for stay of execution in respect of a matter which is not a judgement or a Court order.
The Speaker's order is not of such.
In any case, it is absurd to seek a stay of execution in a case in which the Court has not made any orders.The second point and the most fundamental one is that the cause of action for which the applicant went to Court had long been superseded by the conduct of the Speaker who had declared the seats vacant.