Nigeria is very unlucky, very unlucky that people like Agbakoba will choose to upset the applecart at this crucial time in our history, when we are apprehensively facing a succession test, and when all hands should be on deck to ensure that our transition, succession, or continuation, goes smoothly.

Nigeria is unlucky, very unlucky that an unknown, obscure judge, exercising what is at best judicial adventurism, will be allowed to invalidate the Constitution of the land, based, not on some violation of some express provisions of the Big Book, but on some imaginary provisions which he felt should be part of the Document.

The absurdity of this judge's ruling will become apparent when one considers that the State Governors of the ratifying States are not required to sign the "Acts" emanating from the States. Why does he not insist that these resolutions from the States are Acts of the respective State assemblies and thus require the signature and assent of the respective Governors?

The Amendment of the Constitution is a unique occurrence that has its own peculiar methodology. The requirement that two-thirds of the States are required to built to pass resolutions to ratify it provides the necessary checks and balances against whims and frivolous amendments, and obviates the need for executive assent.

The ruling does not make sense, and I am sure that, as we say in American Football, it is "coming back": I expect it to be overturned on appeal. Mark my words.
The presiding Judge erred when he ruled that the Constitution amendment is like an Act of the Legislature and needs Presidential assent and signature. Because the Constitution itself does not say that.

Expressio Unius Est Exclusio Alterius is a maxim of law interpretation which means that the expression of one thing is the exclusion of the other. When certain persons, things, or conditions are expressed in a law, contract, will or statute, an intention to exclude all others from its operation may be inferred. Here, the Constitution provides for ratification for two-thirds of the States for an Amendment to take effect, and made no mention of Presidential assent, or mode of override of a Presidential veto, as for other laws, after or before ratification of the States. Therefore, one can safely infer that Presidential assent is not required.


Nigeria is unlucky indeed that troublemakers like Agbako - ba are there to cause all these distractions, with the acquiescence of an ignorant judiciary. What Nigeria needs at this time is goodluck, not agbako.

Nigeria is unlucky indeed. Cry the Beloved Country.


Emmanuel O. Fashakin, M.D.; Esq.:-)
Attorney at Law & President/ Medical Director,
Alpha-K Family Medical Practice, P.C.
79-35 153rd Street, Flushing, NY 11367,USA
Tel: (718) 591-1600; Fax: (718) 591-0265
web address: www.alphak.org
alternative e-mail: mdfash2@gmail.com
Mobile phones: +1-347-217-6175; +1-267-907-3127

"For it is God which worketh in you both to will and to do of his good pleasure." 1 Cor 2:13