The Supreme Court decision in Inakoju & Ors v. Adeleke & Ors (2007) 4 NWLR (Part 1025) 423. is a judgment in rem..(binding on all persons, whether they are parties to those proceedings or not). Niki Tobi JSC of fond and blessed memory gave what I consider to be one of the best and most illuminating lead judgments by any indigenous Justice of the Supreme Court in the history of Nigeria!
Section 8(2) of the Supreme Court Act provides that: _Any judgment of the Supreme Court shall have full force and effect in the Federation and shall be enforceable by all courts and authorities in any part of the Federation in like manner as if it were a judgment of the High Court of that part of the Federation.
By refusing to swear in the illegitimate Deputy Gov, the CJ would’ve simply been enforcing and/or giving effect to the aforementioned SC authority.
All Lawyers and judicial officers in Nigeria really need to take their time and read that authority. It’ll be of immense benefit to them and to all Nigerians.
Now, if the Kogi House of Assembly and/or the Kogi Governor are aggrieved by the CJ’s refusal to swear in the illegitimate Deputy Gov, then they can sue the CJ so that the courts can determine whether the CJ is a robot or automaton as to automatically carry out any directive from the Legislature or Executive even when such directive is patently and manifestly illegal.
The CJ’s actions are deliberate and highly embarrassing and the Bar leadership, as well as the NJC, should not compound the embarrassment by turning a blind eye to same!