Above all cognizance has to be taken of the nature of the res in this matter, which is the propriety of the election vis-a-vis the eligibility and disqualification of a State governor.
Our law makes the propriety or otherwise of the judgement of the trial Court 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 trail court has a right of Appeal to the Court of Appeal and then the Supreme Court as well obtains stay of execution of the judgment pending final determination.
As it is Governor Ikpeazu, who is presently the occupier of the seat of Governor of Abia State by The provisions of the Constitution (as amended) has inherent right to file an appeal, and obtain stay of execution of court judgment to the Court of Appeal and also has a statutory period of grace from the day of the judgement of the Court of Appeal to file his appeal at the Supreme Court.
Having appealed as expected and obtained the requisite stay of execution of the judgment any attempt geared towards swear-in of Ogah as the governor of Abia State under any guise at this stage is not only satanic, it is uncharitable and a crystal clear and sheer violation of the Constitution, it should also be noted that such attempt or contemplation is without precedent in our jurisdiction on how to determine the seat of a governor in Nigeria.
Furthermore any speculation of swearing in Ogah on the strength of the High Court judgement is not only without precedent and will only amount to self-help which will make Ogah and his supporters to be wittingly and or unwittingly committing treasonable felony.
The Federal Government and the Attorney General of the Federation must do the needful in ensuring that our law is protected from any violation.
-Dr. Kayode Ajulo, Constitutional Lawyer & Former National Secretary, Labour Party.
