He said, “We need to take the nature of the res in this matter, which is the propriety of the election of a State governor, guided primarily by our electoral law as amended, the law makes the propriety or otherwise of the judgement of the Gubernatorial Election Tribunal and Court of Appeal specifically reserved for the Supreme Court, which is the highest court in Nigeria.
“The Supreme Court therefore has the final say in the evaluation of the two lower courts mentioned above.
“The incumbent having lost in the Election Tribunal has a right of Appeal to the Court of Appeal and then the Supreme Court.
“As it is Governor Ikpeazu, who is presently the occupier of the seat of Governor of Abia State by Section 143 (1) and (2) of the Electoral Act 2010 (as amended) has 21 days to file an appeal, and, within this period of 21 days the occupant statutorily remains in office, notwithstanding the decision of the Election Petition Tribunal or any court, including the Court of Appeal and also has a statutory period of 14 days from the day of the judgement of the Court of Appeal to file his appeal at the Supreme Court.
“Any attempt to swear-in Ogah under any guise at this stage is not only satanic, it is uncharitable and a crystal clear and sheer violation of the Electoral Act, it should also be noted that such attempt or contemplation is without precedent in our jurisdiction on election matter’
The speculation of swearing in Otti on the strength of the Court of Appeal judgement is not only without precedent and will only amount to self help which will make Ogah to be wittingly and or unwittingly committing treasonable felony.
“The Federal Government and the Attorney General of the Federation will do well in ensuring that our law is protected from any violation.”
… Dr. Kayode Ajulo
Constitutional Lawyer & former National Secretary, Labour Party
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