THISDAYonline

It is a dramatic twist of irony, isn't it? That the Minister of Justice and Attorney-General of the Federation (AGF) Akin Olujimi, SAN who had hitherto advised the Inspector General of Police (IGP) to maintain the status quo pending the decision of the Appeal Court, when we had the misfortune of two conflicting court orders of Enugu and Anambra States High Courts in the first week of this crisis, now made a volte face.

The Court of Appeal Enugu Division, having in its wisdom and strength ordered the preservation of the res; a maintenance of the status quo that is to say a reversion to the position of things before the break of hostilities, deserve further commendation and the collective ring of support from all advocates of due process and democracy.

With profound respect to the Attorney-General of the Federation, Akin Olujimi, SAN who is also a member of the American Bar Association, there is no distinction or difference between the Court of Appeal Order to "preserve the res" and the Justice Minister's interpretation of it to mean a refusal "to restore Ngige's police orderlies"; thereby giving added ministerial muscle to the IGP to flout court orders. To say: 'restore Ngige's police orderlies' is the same as saying: 'preserve the res', the former being an integral part of the latter.

As the Chief Law Officer of the State, the Attorney-General of the Federation with the greatest respect to his office owes a greater responsibility to the nation than any of us, in ensuring that the interpretation and implementation of our laws are enriched by his show of scholarship and learning.

Nothing less should be accepted. The latin maxims generalia verba sunt generaliter intelligenda meaning general words are to be understood in a general sense and generalibus specialia derogant meaning special things take from general, play pertinent roles here I humbly submit. The general words are 'preserve the res' and the special words - 'restore police orderlies' are a part of the general words. Justice Mahmud Mohammed of the Court of Appeal Enugu, in the Court's land mark ruling delivered on Monday 12 January 2004 said:

"The Inspector General of Police is hereby restrained form removing the Applicant, Dr. Chris Ngige from office as Governor of Anambra State or in any manner preventing or obstructing the performance of his duty as Governor of Anambra State vide the enforcement of the Order of the Enugu High Court given on January 2, 2004.

Recast Their Lordship's Order and it means:

That the IGP shall not remove Dr. Chris Ngige from office as the Governor of Anambra State.

That the IGP shall not do anything to prevent Governor Ngige from performing his duty as Governor of Anambra State.

That the IGP shall not do anything to obstruct Governor Ngige from performing his duty as Governor.

That the IGP shall not enforce the Order of the Enugu High Court made on January 2, 2004.

The said Order requires the IGP not to enforce the Order of Nnaji J. made on January 2, 2004. Not to withdraw or continue the wrongful act of withdrawal of Governor Ngige's security aides. Not to obstruct and or prevent the performance of the Governor's duties, the order of Nnaji J. having become practically lifted and suspended.

The combined effect of the Order of Mahmud Mohammed JCA is that the order of Nnaji J. was temporarily vacated on January 12. The feet of the lower Court were put in a Roto-tiller and judicially sunk. Its Orders then became empty, void, un-utilizable and not capable of being put to any or further use, politically or otherwise. That was the Order the Court of Appeal Enugu Division gave. It was an interim order to preserve the status quo ante bellum given by way of a preliminary injunction aimed at keeping and maintaining the last actual, peaceable status i.e. the enjoyment by Ngige of his security paraphernalia which was the status preceding the pending controversy. And this should be so until the Court of Appeal reverses itself or the Supreme Court orders otherwise. Simple and straight.

Questions for the AGF:

What was the 'res' in this matter that the AGF conceded to the Court of Appeal preserving?

And what does the AGF mean by the restoration of the Governor's police orderlies not being part of that preserving Order?.

Were the orderlies not withdrawn as a result of Justice Nnaji's Order of January 2, 2004? Yes!

Did the Court of Appeal not suspend Justice Nnaji's Order on January 12, 2004? Yes!

Should Ngige's police orderlies not be restored following the suspension of Justice Nnaji's Order? Yes!

So what are we haggling about?

The AGF may be referred to the decision of the Supreme Court in F.A.T.B. v. EZEGBU (1993) 6 NWLR part 297 page 1 at 20 for the judicial interpretation of the words status quo ante bellum, with a view to removing confusion from the mind of the nation. We may also refer to Black's Law Dictionary 6'h edition for a humble guide. At page 1304 of Black's Law Dictionary 6th edition "res" is defined as "everything that may form an object of rights and includes an object, subject matter or status". To preserve the res means to preserve Governor Ngige's status including everything that forms part of that Gubernatorial status such as his police orderlies etc.

Could the AGF seriously contend that the restoration of Ngige's police orderlies is not part of the paraphernalia of His Excellency's office, a continued withdrawal of which could lead to an obstruction and or a prevention of the performance of the Governor's duties? No he cannot. My AGF will not argue that. Do the Governors of the States of the Federation not have their security details fully operative and functional? Yes they do and that is what the Court of Appeal expects for the applicant, Dr. Chris Ngige. That Is what adherents of the tenets of democracy and apostles of the Rule of Law demand of the IGP and AGF. In particular as the AGF himself, had on January 6, 2004 said to the IGP to maintain the status quo pending the decision of the Court of Appeal Enugu. Here is the decision of the Court of Appeal Enugu handed unequivocally per Mohammed JCA. The Court of Appeal has spoken; let's obey it no matter whose political ox is gored.

Ms. Ajie, an Attorney-at-Law is former scribe of the NBA Lagos Branch and a Member, American Bar Association as well as the International Bar Association.