Abia Crisis : RE: Olisa Agbakoba and Femi Falana's "legal opinion" on Abia

Discussion in 'Igbo Talk' started by izu, Jul 2, 2016.

  1. Izu

    Izu Admin Staff Member

    If you ask me I will tell you that the practice and study of law left Agbakoba and Falana when they went to contest for governorship in Anambra and Ekiti respectively. Whatever politics touches it dilutes from purity and these men are now politicians.

    They should be read and treated like politicians. Same way we see Fashola and Osibanjo, even though both were decorated with titles of SAN. The only difference is that Olisa and Femi failed to achieve their political objectives whereas Yemi and Fashola succeeded.
    It is just that in this country we don't benchmark people or keep good records. Otherwise we would have known that all the past opinions on national issues related to law and constitutionality given by both men in recent years and months turned out to be wrong. Agbakoba expressed his opinion on Kogi while Falana gave his own on Stella Oduah's senate seat.
    Both men were wrong as usual.

    Obviously they are politicians saying what they are told to say and nobody here can remember any court room case of significance won by either men in the past one year.
    Just like lawyers are hired to represent people in court they can also be hired to express a biased view on national issues. If in doubt ask Olisa and Femi.
    Please tell me the view of Wole Olanipekun, Emeka Ngige, Lateef Fagbemi or Akin Olujinmi. Those are real practicing lawyers (SAN) winning real cases for their clients. There only business is law. Not politics, oil business and trading.
    Dr Okezie Ikpeazu remains the governor of Abia State till 2019 and then to 2023.
    Opinions are free but the law is sacred. If anyone can tell me why INEC hastily rushed to issue COR without waiting for legal processes to be completed I will read.
    If a SAN does not feel there is something wrong with the haste that the COR was issued by INEC something is wrong. Just like something must have exchanged hands for a SAN to ignore elementary things like the fact that holding a certificate of return does not make one governor and an officer of the state who received 2 conflicting orders from two courts with coordinate powers is free in law to choose which to obey until a superior court rule.
    The only course open to Uche Ogah at this point, if he wishes to be sworn in by Abia Chief Judge or any Abia judge for that matter, is to go to the Appeal Court and vacate the Abia High Court order that was fully served on the state's chief Judge even before Ogah arrived Abia with his Justice Abang and INEC manufactured COR.
    That is the law.

    Once more, be assured that Governor Okezie filed for and served notice of appeal and stay of execution to INEC, Justice Abang and others. He has also filed his appeal at the Appeal Court with full documentation.
    If either Olisa Agbakoba or Femi Falana was still actively practicing law they would have known that when conflicting orders are served on an officer of the state from equivalent courts (in this case fed high court Abuja and Abia state High court) the officer is free to choose which to obey until higher courts resolve the issues.
    The CJ of Abia received the state high court order first and she chose to obey that. The order of court says DO NOT swear in Ogah.
    Please ask other lawyers who are in practice to confirm if I am right or wrong.

    By JOK

    Postscript: I would have felt like someone who knows law more than those two men, even though I never studied law for one day, if not that I actually understand that lawyers can be paid to express public views on matters of public interest. That is not against any legal practice rule but the readers need to know this fact and be guided on so called legal opinions. Ka Udo chia na Abia Chineke.
    Happy week ahead.
     

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