Joe Agi vs. Ayade: PDP Cannot Approbate And Reprobate At The Same Time BY NEHEMIAH ABANG

By CrossRiverWatch admin

I have read with laughter the commentaries that followed the stage performance that played out in the last Supreme Court sitting in the above case.

I will not attempt to pre-empt the outcome of the case as this will be prejudicial to the administration of Justice and unprofessional.

But am constrained to mention a few things here because of the several calls l have received from the teeming supporters of His Excellency, Senator Professor Ben Ayade (Esq).

Looking at the position of the PDP in the matter as it is, PDP only succeeded in making a monkey itself. If l may ask, can PDP approbate and reprobate at the same time or blow hot and cold? The answer is in the negative.

Remember that PDP as a party has filed court processes on oath and defended His Excellency, Governor Ayade in Court of first instance being the trial Court and also the Court of Appeal were Ayade emerged victorious.

Those processes formed part of the records of Appeal now before the Supreme Court. In law, the court is bound to look at all the documents in its record and also to take judicial notice of its records.

The fact that PDP has conceded to the case of the Appellant, doesn’t take away the evidence on printed record before the court.

Again, the concession was made by a party other than Governor Ayade, who has joined issues with Joe Agi (SAN), in the case.

Also upon the withdrawal of PDP from the case, her brief was struck out. This means that there is no response from PDP in reply to Joe Agi’s case.

Now can the same PDP adduce oral submissions as evidence to contradict or vary documentary evidence before the court?

Assuming without conceding that Governor Ayade was guilty of perjury, is perjury a criminal or civil action?

The age complained of by Mr. Agi against Governor Ayade, in all circumstances, is it below the statutory age required by law to run election for the office of the Governor? Certainly no.

However, we have had worst case scenarios in Nigeria than Governor Ayade’s own. The constitutional crisis in the case of Kogi State is handy where the Supreme Court silenced the political gladiators that vowed that the incumbent Governor will not remain.

I want to therefore urge the terminal supporters of Governor Ayade to remain calm as there is no cause for alarm, till the Supreme Court affirm our mandate which, we through collective resolve, bestowed on Governor Ayade, come December 9th in the year 2016.

God bless you all in folds.

Nehemiah Abang is the Special Adviser, Legal to Governor Ben Ayade.