Thursday, November 8, 2007

Law vs Equity in Nigeria, the US Connection

Aloy Ejimakor discusses the letter of the law vs the right thing in Nigeria's election. The ways the US handles the issue is the basis of the essay:
And whenever that happens, we should understand that the court or jury is not crazy but merely using its long-arm jurisdiction as a fact-finder to right flagrant wrongs and make new laws at the same time, if not asserting its common law role as part of the grundnorm. Amaechi's surprising victory is no exception, and so, though patently untenable in law, the ruling declaring him the duly elected governor is sound in equity and it is final. It shall remain the law of the land until the National Assembly upturns it by legislation, but not retroactively.

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2 Comments:

Blogger ibrahimdanlami said...

Nice piece and articulate enunciation of the universal concept of equity by a Nigerian Attorney, most probably trained in the United States. Good job Attorney Ejimakor and the Law School where you trained. Consider going for adjunct faculty where you will be free to explore your creative postulates for the betterment of jusrisprudence.

December 7, 2007 4:01 AM  
Blogger AL CLINTON said...

As an American and a Lawyer, I am impressed by this essay. This guy - Ejimakor has written all the reasons in the world better than most judges or justices could have done. His arguments are ram-rod straight, jurisprudential, and Law Journal quality. Good to know that Nigeria (where my wife comes from) boasts fine lawyers like Ejimakor. The Guvnor - Amaechi should be glad to have guys like this watching his back

July 2, 2008 5:57 PM  

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