-By Lloyd Ukwu-<\/p>\n
Rumors are afoot that Amaechi and the APC may seek a court injunction
\nagainst the swearing in of newly elected Rivers State Governor Wike
\ndespite his declared overwhelming victory by the National Election
\nCommission.
\nSuch a legal caper bespeaks desperation. If Amaechi and the APC proceed,
\nthey should be sanctioned by the court for frivolity.<\/p>\n
Any sore loser could paralyze government if injunctions were issued to
\nprevent the installation of duly elected executive officials until all
\nelectoral disputes had been finally adjudicated, which could take years.
\nIn the interim, executive offices would be unoccupied and the government
\nwould be disabled.\u00a0 In the case of Rivers State, it would mean an empty
\nGovernor’s seat and no one in charge.\u00a0 That alarming propsect is why there
\nis no legal precedent for what Amaechi and the APC are plotting.\u00a0 If it
\nhad legal traction, every disgruntled electoral loser would race to court
\nto frustrate the election results indefinitely and use that leverage to
\nextort concessions from the winner or spark political chaos.<\/p>\n
An injunction is an extraordinary remedy and to be issued only when
\npreservation of the status quo is urgent to advance a strong public
\ninterest.\u00a0 It is available only when legal remedies are unavailable such
\nas damages or removal after the assumption of office, both of which are
\noptions in Wike’s case.<\/p>\n
He won the election by an overwhelming margin.\u00a0 Every inhabitant of Rivers
\nState knows that fact.\u00a0 The motivations of the voters were twofold:
\nsupport for Wike, and disgust with Dakuku.\u00a0 Judges in Rivers State know
\nthe same facts.\u00a0 They would immediately see the absurdity of any
\ninjunction request by Amaechi and APC, which is why the latter are
\nflirting with forum shopping in jurisdictions favorable to them.<\/p>\n
Nigerian courts are granting injunctions far too indulgently to stymie the
\noperations of coordinate arms of government.\u00a0 They have been issued
\nagainst the police to prevent an arrest despite the availability of the
\npost-arrest remedy of bail if there is no danger of flight and no threat
\nto the public safety.\u00a0 Such judicial interference violates the spirit if
\nnot the letter of the Constitution’s separation of powers.<\/p>\n
Nigeria earned accolades with the peaceful transition in the presidency
\nfrom the PDP to the APC. Its evolution towards a more mature democracy and
\nrule of law would be set back, however, if Amaechi and the APC are able to
\nenlist the judiciary to block Wike’s assumption of the governorship in
\nRivers State.
\nThe precedent would spread like an epidemic bringing political chaos and
\nstrife everywhere in Nigeria.<\/p>\n
Only knaves would risk such a calamity.<\/p>\n