ABIA CRISES – A Nigerian Constitutional lawyers, Mr Mike Ozekhome (SAN) has waded into the current crises created by the Federal government through its in Abia state. Mr Mike Ozekhome said that, “It is Hogwash, unnatural, curious and questionable. It constitutes a blatant breach of the hallowed doctrine of “lis pendes”.
See Government of Lagos state vs Ojukwu. What is the hurry about it when the sitting governor has already appealed with a motion for stay of execution? The certificate is dead on arrival, as dead as “dodo”, having regard to the provisions of the 1999 Constitution and Electoral Act.
“As soon as INEC became aware of the appeal and motion for stay of Execution, it should have been guided by discretion and waited.
Read my lips: the judgement was poorly researched and would be reversed at the Court of Appeal.
“Meanwhile, in law, the governor remains the governor until the appellate appeals are exhausted at the Supreme Court . This is a constitutional right. See Eyesan vs Sanusi (Sc). To be sure, the Abia High Court has powers and coordinate jurisdiction to grant the injunction it did to prevent electoral crisis.”
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