By Bassey Inyang / Calabar
The All Progressives Congress, APC, wants the Cross River State Attorney General and Commissioner for Justice, Barrister Attah Ochinke to resign immediately for standing as Counsel to the State Independent Electoral Commission (CROSIEC) in the Calabar High Court in a matter filed by the party challenging its exclusion from Saturday's election.
The APC said by representing CROSIEC, Ochinke acted unprofessionally and against the dictates of his office as Attorney General of the entire state.
Making the call for resignation against the Attorney General of the State, the APC, in a press statement entitled: "Why Attorney General and Commissioner for Justice of Cross River State, Attah Ochinke, Esquire, Must Resign", the party argued that his stance in court is condemnable.
The statement signed on behalf of the APC by its Counsel, Barrister Okoi Obono-Obla and made available to Daily Independent said, "The office of the Attorney General and Commissioner for Justice of Cross River State is created by Section 195 subsection 1 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) . It is a very powerful and prestigious office.
The Attorney General is the Chief Law Officer of the State. He is also the Chief Legal Adviser to the Governor. The Attorney General has the right to appear as Counsel in any case filed in Court against Government or any of its Ministry, Department, Board and Commission. In the order of protocol and ranking, he is number 3 in the Cross River State Executive Council….
"Although he is a politician but in the performance of his constitutionally assigned functions and schedules, the Attorney General is not expected to be partisan or politically minded. He is required to carry out his schedule as a professional Lawyer."
The APC said the conduct of the elections, which it described as a sham, on Saturday by CROSIEC despite the fact there are several cases in the High Court and the Federal High Court filed by the All Progressives Congress, APC challenging the legality of the Local Government Elections "is an indictment of Mr. Attah Ochinke. It is noteworthy that Mr. Ochinke is representing CROSIEC as Counsel in these cases. Even if no injunction was issued by the Court he ought to have advised CROSIEC to suspend the elections until the Court hears and determines these cases. This is what is required of a professional Attorney General that has respect for the Rule of law nay the Court".
The party said even though the trail judge Justice, Ofem Ikpi did not make an order, he did advice relying on the principles laid down by the Supreme Court in the cause celebrated of Peter Obi vs INEC and Right Honourable Rotimi Amaechi vs INEC and other plethora of decided cases that where a matter is pending in Court and since the Parties have submitted themselves to the jurisdiction none of them is expected to do anything to undermine the authority and integrity of the Court.
The APC said it "wants the Attorney General, Attah Ochike to resign forthwith as Attorney General and Commissioner for Justice for being a Party to the unremitting assault launched on the judiciary by the Government of Cross River State in collusion with CROSIEC on the 21/9/2013."
