Umahi: Return of erudite, landmark judgments
15 March 2022 |
2:59 am
The celebrated British Jurist, Lord Denning, was said to have in a “melodramatic way” defined Law as what the Judge says it is. By this, an erudite and fearless judge should
Umahi. Photo/facebook/DavidNwezeUmahi2
Sir: “You are not entitled to the honour you do not possess having taken the votes of your people to a political party they did not vote for.”
This was the verdict of Justice Fred Anyeagbunam in 1983 in a case filed by Senator Francis Arthur Nzeribe before his Tribunal, “to restore his honour” after he was thrown out of the Senate for crossing from the NPP to the NPN.
When I asked him to comment on the judgement, he retorted, “What do you want me to say? I lost my case. I lost my money.” The same Nzeribe crossed from NPP to PDP in 2002 or thereabout following which I recalled the 1983 case in an interview by the NTA, to the surprise of senators and embarrassment of Nzeribe. The Chairman of, Senate Information Committee, Senator Jonathan Zwingina, said he was never aware of the judgement until I exposed it.
Even though I have had the course to recall this judgement in the past as a journalist (I’m not a lawyer) but the Abuja High Court sacking of the Ebonyi State Governor last week, for crossing from PDP to APC, has made a reference to Justice Anyeagbunam case of precedence on the same moral question though in different situations necessary. Nzeribe was a senator and Umahi a governor, who felt he was covered by the Constitution to do and undo.
But moral issues and the spirit of the Constitution are common to the two cases. Where is the honour for Umahi by simply transferring his peoples’ mandate to the party they had rejected? What Justice Inyang Ekwo has done by sacking Umahi on moral ground and expanding the interpretation of Section 308 to justify the spirit of the Constitution, is to return the judiciary to the era of erudition and landmark judgements that have distinguished some Supreme Court Justices like Chukwudifu Oputa, Charles Dadi Onyeama and Kayode Eso.
The celebrated British Jurist, Lord Denning, was said to have in a “melodramatic way” defined Law as what the Judge says it is. By this, an erudite and fearless judge should be able to go beyond technicalities, which many lawyers and judges always regale in and destroy good cases. I’m happy that Prof. Tony Iredia, lawyer, administrator and former director of Information with National Electoral Commission, has on the Arise TV agreed with the judgement and challenged journalists to be asking questions from lawyers on the spirit of the Constitution instead of merely listening when regaling in technicalities.
I commend Inyang for returning life to the judiciary. On their part, it is expected that both the Appeal and Supreme Courts would encourage a return to the status quo.
• Gboyega Amoboye.
Related
Latest
1 hour ago
Tanzania has shut down five hydroelectric stations to reduce excess electricity in the national grid, the prime minister Kassim Majaliwa has said. According to Majaliwa, the main plant, Mwalimu Nyerere Hydroelectric Station, has alone generated enough electricity to power major cities. Among the cities that are being powered is Dar es Salaam, the country’s commercial…
1 hour ago
Everton secured their first win in a Merseyside derby at Goodison Park since 2010 to leave Liverpool's Premier League title aspirations in ruins after a 2-0 defeat on Wednesday.
1 hour ago
KPMG has announced the cancellation of job offers to some foreign graduates in the United Kingdom (UK). KPMG took this step following the decision of the UK government to tighten visa rules for overseas workers in a bid to cut record immigration. The Financial Times reports that one of the UK’s biggest graduate employers, the…
1 hour ago
Kano State governor, Abba Kabir Yusuf, is in the United States of America for a high-powered symposium organised by U.S. Institute of Peace (USIP). The three days conference being attended by governors of Kano, Katsina, Zamfara, Kaduna, Niger, Sokoto, Kebbi, Jigawa and Plateau states, is designed to address insecurity in Northern Nigeria and proffer better…
1 hour ago
Sir Chikwe Udensi, a security consultant with the International Criminal Police Organization (INTERPOL), has urged Abia State governor, Dr Alex Otti, not to mix his good works with some falsehood when passing information to the people. Udensi, a chieftain of the All Progressives Grand Alliance (APGA), said that he is disturbed at the way the…
2 hours ago
The Kaduna State House of Assembly Ad-Hoc Committee has set up a committee to investigate the administration of former Governor Nasir El-Rufai. The committee, established during the Assembly's sitting on April 16th, has requested a comprehensive set of documents from the state commissioner of finance. The probe will include details of all loans acquired during…
2 hours ago
Football teams that have registered for the much anticipated Alimosho Football Coaches Council Under-16 League have been warned to desist from all sorts of football unprofessionalism that can bring the league and football into disrepute. According to the leader of Alimosho Football Coaches Council, Mr. Samuel Uchenna Eke: "We want to do better than last…
4 hours ago
Hearing in two separate money laundering suits filed by the Economic and Financial Crimes Commission (EFCC) against British national, James Nolan, could not proceed on Wednesday at a Federal High Court, Abuja.
5 hours ago
Iranian goalkeeper Hossein Hosseini has been banned by the Iranian Football federation for Hugging a female fan after a football game. The goalkeeper was banned and fined of approximately #6.2Million for his actions which is against the country's policy as far as both genders are concerned. The incident unfolded when a female supporter's hijab slipped,…
×
Get the latest news delivered straight to your inbox every day of the week. Stay informed with the Guardian’s leading coverage of Nigerian and world news, business, technology and sports.
0 Comments
We will review and take appropriate action.