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.
Labels: nigeria
