Barr Azubuike Ihemeje
I’ve been bombarded with questions about the implications of the Orders obtained by the Tax collector and his friends from the Kebbi High Court.
Anyway, let me stick to the legal implication, and leave political aspects to your Politicians.
First and foremost, every Order of a Court must be obeyed, no matter how much frivolous you feel the Orders may be. However, every order must be obeyed, in accordance with the laws.
So, what laws should guide the observance of the two Orders? In this regard, I recall some of those Maxims of Equity, as taught in the classroom. I love those maxims so much. Besides, the High Courts of Rivers and Kebbi are both courts of Laws and Equities.
First; from my knowledge of Equity, I’m aware that equity follows the law, in that it’ll never allow parties to conspire and gang up against subsisting law.
What’s the law being violated in Kebbi? It is the law against Abuse of the Court Process. It’s also the law against the multiplication of suits, and the law that frowns against bringing the same case before courts of coordinate jurisdiction.
Second, between equal equities, the first in order of time shall prevail. This particular maxim is most appropriate here; for it operates where there are two or more competing equitable interests. That is to say, when two equities are equal, the original interest, meaning the first in time, will naturally succeed against the later one.
After all, interim Orders of Court are discretionary in nature, meaning that they are especially related to Equity.
Therefore, the very first Order of Court shall continue to prevail and remain in force until duly set outside by Appeals.
I Hope these our tax collecting mentality people will learn this one, and allow peace to reign.
The problem in this country is too much already.
I don gas!
