Lagos based lawyer, Ebun-Olu Adegboruwa, on Thursday,
described the issuance of a Certificate of Return to Samson
Ogah as the new governor of Abia State as “worrisome,” saying
the ruling All Progressives Congress-led government is setting
a dangerous precedent for the nation’s democracy if it is lying
in wait and prodding the Independent National Elector*l
Commission, INEC to violate the basic tenets of democracy,
which is respect for the rule of law and due process.
Adegboruwa in a statement, opined that the Abuja Federal High
Court’s decision on Monday cannot be enforced because
Okezie Ikpeazu, who was removed as governor, had filed an
appeal, as well as a stay of execution.
According to him, “There is said to be a grand plan, now in its
well advanced stage, to swear in Ogar, who will then
subsequently defect to the ruling APC, on the excuse of the
fictionalization within the PDP between Modu Sheriff and
Ahmed Markafi,” Mr. Adegboruwa said.
“On June 29, 2016, the sitting governor of Abia State, Mr.
Okezie Ikpeazu, filed an appeal against the said judgment,
together with an application for a stay of execution of the
judgment of court.
“The said application is yet to be heard or determined by the
court, the consequence of which is that the judgment of court
cannot be enforced.”
Adegboruwa stated that the Supreme Court had held that once
an appeal has been filed against a judgment and the appellant
has also filed an application to stay the execution of the said
judgment, the judgment cannot be enforced, until the
application for a stay of execution has been heard and
determined.
His words: “It is a dangerous precedent that the APC led
government is setting for our democracy, if it is lying in wait
and prodding INEC to violate the basic tenets of democracy,
which is respect for the rule of law and due process.
“In times past, APC governors and public officers under its
platform have benefited robustly, from this hallowed principle
of law, the latest example being the president himself, Major-
General Muhammadu Buhari, Retd.
“Very recently, the federal high court dismissed a preliminary
objection filed by the president, in respect of the case
challenging his eligibility, for alleged absence of his WAEC
certificate.
“The president promptly filed an appeal against the said ruling
and also filed an application for a stay of further proceedings
before the high court. The high court deferred to the president
and adjourned further proceedings sine die.”
Mr. Adegboruwa called on political parties, public officers, and institutions to respect the rule of law and due process of court.
“In one breadth we are told that the judiciary is the headache of this present administration, but when it suits the same
administration, it frustrates, intimidates and muzzles the
judiciary, judicial officers and even lawyers.
“I call on the good people of Nigeria and all our allies
worldwide and all lovers of democracy, to demand that the
ruling APC government give respect to the laws of the land, to
avoid resort to lawlessness.”
Source : Politics
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