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Court Stops NASS From Taking Over Functions Of Rivers House Of Assembly - Politics - Nairaland

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Court Stops NASS From Taking Over Functions Of Rivers House Of Assembly by LMAyedun(m): 2:55pm On Dec 11, 2013
The Federal High Court in Abuja has nullified the resolution of the National Assembly that gave it powers to take over the functions of the Rivers State House of Assembly, following the crisis rocking the legislature in the state.

Recall that in a move to resolve the crisis in the Rivers State, that led to the members engaging in a free for all, the National Assembly (both houses of the Senate and the House of representatives) took over the legislative duties of the state House of Assembly.

Justice Ahmed Ramat Muhammed Wednesday ordered the National Assembly to stop performing the legislative functions of the Rivers State House of Assembly.

Justice Muhammed held that as at the time the National Assembly took over the affairs of the Rivers State House of Assembly, there were no facts that the Assembly was unable to carry out its functions as provided under the constitution.

The Justice said by the provisions of section 11(4) and (5) of the constitution, the National Assembly could not assume the law making functions of the Rivers State House of Assembly when there were no facts that the Assembly was unable to carry out its functions

http://newswirengr.com/2013/12/11/court-stops-national-assembly-from-taking-over-functions-of-rivers-house-of-assembly/?

Re: Court Stops NASS From Taking Over Functions Of Rivers House Of Assembly by Slncere9gerian: 2:58pm On Dec 11, 2013
Amaechi your days are numbered

7 Likes

Re: Court Stops NASS From Taking Over Functions Of Rivers House Of Assembly by Adam200(m): 3:12pm On Dec 11, 2013
This jugde is suffering from *opticnomacracy* the disease affecting the eyes of a person am sure she was "haullicinating* when giving the judgement.
or is she saying she never saw the clips of hw the apkako master nearly send his fellow member to untimely grave.
Re: Court Stops NASS From Taking Over Functions Of Rivers House Of Assembly by Nobody: 3:23pm On Dec 11, 2013
The Nigerian Constitution permits the National Assembly to take over the day-to-day activities of any State House of Assembly if in crisis. This judge has been bought and paid for. This is a situation where a judge is making law from the bench. Judges are to interpret and administer laws.

1 Like

Re: Court Stops NASS From Taking Over Functions Of Rivers House Of Assembly by Joyfullyme: 3:31pm On Dec 11, 2013
Maintaining my space while i read the article.
Re: Court Stops NASS From Taking Over Functions Of Rivers House Of Assembly by Brimmie(m): 3:40pm On Dec 11, 2013
Re: Court Stops NASS From Taking Over Functions Of Rivers House Of Assembly by oldenglish: 3:48pm On Dec 11, 2013
I only pity the people at the receiving end.
Re: Court Stops NASS From Taking Over Functions Of Rivers House Of Assembly by desgiezd(m): 3:56pm On Dec 11, 2013
Slncere 9gerian: Amaechi your days are numbered

The hatred for Amaechi has totally beclouded your reasoning, what a pity!

15 Likes

Re: Court Stops NASS From Taking Over Functions Of Rivers House Of Assembly by Nobody: 4:09pm On Dec 11, 2013
We shall soon witness an appeal and a stay of execution. While all these are going on, governance has ground to a halt in Rivers state.

Our democracy is reminiscent of the jungle and animal disposition.
Re: Court Stops NASS From Taking Over Functions Of Rivers House Of Assembly by taharqa: 4:11pm On Dec 11, 2013
payless: The Nigerian Constitution permits the National Assembly to take over the day-to-day activities of any State House of Assembly if in crisis. This judge has been bought and paid for. This is a situation where a judge is making law from the bench. Judges are to interpret and administer laws.
What part of d Constitution says that d NA shld take ova d functions of a State HOA if dat HOA 'is in crisis' (your very words)? Shebi u dey talk of d Nigerian Constitution?

2 Likes

Re: Court Stops NASS From Taking Over Functions Of Rivers House Of Assembly by Nobody: 4:23pm On Dec 11, 2013
For those criticising the judgement, you should know that the judiciary makes judgement based on veritable evidence and in this case, rivers state house of assembly was able to sit even after the said fracas to approve some budget brought to the assembly chamber. Can we now say they were not able to sit? The judgement is a welcome development

1 Like

Re: Court Stops NASS From Taking Over Functions Of Rivers House Of Assembly by jmaine: 4:24pm On Dec 11, 2013
grin
Re: Court Stops NASS From Taking Over Functions Of Rivers House Of Assembly by Nobody: 4:27pm On Dec 11, 2013
taharqa: What part of d Constitution says that d NA shld take ova d functions of a State HOA if dat HOA 'is in crisis' (your very words)? Shebi u dey talk of d Nigerian Constitution?



Section 11 (4) and (5) of the 1999 Constitution provide that


(4) At any time when any House of Assembly of a State is unable to perform its functions by reason of the situation prevailing in that State, the National Assembly may make such laws for the peace, order and good government of that State with respect to matters on which a House of Assembly may make laws as may appear to the National Assembly to be necessary or expedient until such time as the House of Assembly is able to resume its functions; and any such laws enacted by the National Assembly pursuant to this section shall have effect as if they were laws enacted by the House of Assembly of the State:

Provided that nothing in this section shall be construed as conferring on the National Assembly power to remove the Governor or the Deputy Governor of the State from office.

(5) For the purposes of subsection (4) of this section, a House of Assembly shall not be deemed to be unable to perform its functions so long as the House of Assembly can hold a meeting and transact business.

The sovereignty of a State is sacred; therefore this section contains certain preconditions for its operation.

Firstly, before this section can be activated, the House of Assembly must have been unable to perform its law-making functions. Section 11 (5) of the Constitution states that the situation described in subsection (4) will only arise when the House of Assembly cannot hold a meeting and transact business. This fact cannot be determined in one or two days. An interruption of State function this grave cannot be the product of a hasty or rash decision.

Secondly, only the National Assembly as an organ can intervene in the business of a State House of Assembly. Consequently, neither the Senate, nor the House of Reps can intervene independently under Section 11 (4) in any way or form. Consequently, any law made pursuant to this subsection can only be validly enacted following the constitutional process of law-making in the State, to the Governor’s assent

4 Likes

Re: Court Stops NASS From Taking Over Functions Of Rivers House Of Assembly by oddy4real(m): 4:33pm On Dec 11, 2013
utumunta: We shall soon witness an appeal and a stay of execution. While all these are going on, governance has ground to a halt in Rivers state.

Our democracy is reminiscent of the jungle and animal disposition.

The execution of what do you want to stay?
Re: Court Stops NASS From Taking Over Functions Of Rivers House Of Assembly by 4Wilywily: 4:34pm On Dec 11, 2013
Speaker River state House of Assembly Hon Evans Bipi should go back to work immediately.

1 Like

Re: Court Stops NASS From Taking Over Functions Of Rivers House Of Assembly by taharqa: 4:37pm On Dec 11, 2013
payless:



Section 11 (4) and (5) of the 1999 Constitution provide that


(4) At any time when any House of Assembly of a State [b]is unable to perform its functions by reason of the situation prevailing in that State, the National Assembly may make such laws for the peace, order and good government of that State with respect to matters on which a House of Assembly may make laws as may appear to the National Assembly to be necessary or expedient until such time as the House of Assembly is able to resume its functions; and any such laws enacted by the National Assembly pursuant to this section shall have effect as if they were laws enacted by the House of Assembly of the State:
[/b]
Provided that nothing in this section shall be construed as conferring on the National Assembly power to remove the Governor or the Deputy Governor of the State from office.

(5) For the purposes of subsection (4) of this section, a House of Assembly shall not be deemed to be unable to perform its functions so long as the House of Assembly can hold a meeting and transact business.

The sovereignty of a State is sacred; therefore this section contains certain preconditions for its operation.

Firstly, before this section can be activated, the House of Assembly must have been unable to perform its law-making functions. Section 11 (5) of the Constitution states that the situation described in subsection (4) will only arise when the House of Assembly cannot hold a meeting and transact business. This fact cannot be determined in one or two days. An interruption of State function this grave cannot be the product of a hasty or rash decision.

Secondly, only the National Assembly as an organ can intervene in the business of a State House of Assembly. Consequently, neither the Senate, nor the House of Reps can intervene independently under Section 11 (4) in any way or form. Consequently, any law made pursuant to this subsection can only be validly enacted following the constitutional process of law-making in the State, to the Governor’s assent
In other words, NO WHERE in d Constitution is it stated that d NA shld take ova d functions of a State HOA only cos dat House merely 'is in crisis' (yr words). Thnk you much..... Read tru d @emboldened parts of d excerpts you posted above to know what specific conditions the constitution gave..

3 Likes

Re: Court Stops NASS From Taking Over Functions Of Rivers House Of Assembly by fkaz(m): 4:38pm On Dec 11, 2013
Hmm Rivers state house of assembly where 5>27
Re: Court Stops NASS From Taking Over Functions Of Rivers House Of Assembly by 4Wilywily: 4:38pm On Dec 11, 2013
Chidi Lloyd will be a dead man if he nears the Assembly Complex,
Re: Court Stops NASS From Taking Over Functions Of Rivers House Of Assembly by Nobody: 4:39pm On Dec 11, 2013
taharqa: In other words, NO WHERE in d Constitution is it stated that d NA shld take ova d functions of a State HOA only cos dat House merely 'is in crisis' (yr words). Thnk you much..... Read tru d @emboldened parts of d excerpts you posted above to know what specific conditions they constitution gave..


They were not able to transact business. Was the assemble no invaded by thugs and hoodlums?

1 Like

Re: Court Stops NASS From Taking Over Functions Of Rivers House Of Assembly by Nobody: 4:39pm On Dec 11, 2013
payless:



Section 11 (4) and (5) of the 1999 Constitution provide that


(4) At any time when any House of Assembly of a State is unable to perform its functions by reason of the situation prevailing in that State, the National Assembly may make such laws for the peace, order and good government of that State with respect to matters on which a House of Assembly may make laws as may appear to the National Assembly to be necessary or expedient until such time as the House of Assembly is able to resume its functions; and any such laws enacted by the National Assembly pursuant to this section shall have effect as if they were laws enacted by the House of Assembly of the State:

Provided that nothing in this section shall be construed as conferring on the National Assembly power to remove the Governor or the Deputy Governor of the State from office.

(5) For the purposes of subsection (4) of this section, a House of Assembly shall not be deemed to be unable to perform its functions so long as the House of Assembly can hold a meeting and transact business.

The sovereignty of a State is sacred; therefore this section contains certain preconditions for its operation.

Firstly, before this section can be activated, the House of Assembly must have been unable to perform its law-making functions. Section 11 (5) of the Constitution states that the situation described in subsection (4) will only arise when the House of Assembly cannot hold a meeting and transact business. This fact cannot be determined in one or two days. An interruption of State function this grave cannot be the product of a hasty or rash decision.

Secondly, only the National Assembly as an organ can intervene in the business of a State House of Assembly. Consequently, neither the Senate, nor the House of Reps can intervene independently under Section 11 (4) in any way or form. Consequently, any law made pursuant to this subsection can only be validly enacted following the constitutional process of law-making in the State, to the Governor’s assent

Read subsection 5 of what you just quoted with your 'apolitical' eyes, therein lies your answer. Was RSHA unable to sit? No, the deputy governor presented an appropriation act in the assembly chambers after the fracas. Was NASS to hasty in taking over the functions of RSHA? Yes

1 Like

Re: Court Stops NASS From Taking Over Functions Of Rivers House Of Assembly by hardywaltz(m): 4:41pm On Dec 11, 2013
Shebi its just a mere high court? Till the Supreme Court says it then we shall know its law. The 1999 constitution as amended did not specify the nature of crisis before its functions can be taken over by NA.
More ova Ameachi still has 25 lawmakers intact (27 - 2), wike has just six so whats all the fuss about?
At the end unless the ogogoro President will always be a kindergarten president.

PS: now that 25 law makers have cross carpeted to APC
Mr IBU (Hon. Bibi) can now function as minority leader which he truly is.
Re: Court Stops NASS From Taking Over Functions Of Rivers House Of Assembly by naija2dabone(m): 4:42pm On Dec 11, 2013
Democracy sweet die grin grin grin
Re: Court Stops NASS From Taking Over Functions Of Rivers House Of Assembly by Nobody: 4:42pm On Dec 11, 2013
tokunboh:

Read subsection 5 of what you just quoted with your 'apolitical' eyes, therein lies your answer. Was RSHA unable to sit? No, the deputy governor presented an appropriation act in the assembly chambers after the fracas. Was NASS to hasty in taking over the functions of RSHA? Yes


You can spin, spin, spin, and spin till you get dizzy. That is your own problem.

1 Like

Re: Court Stops NASS From Taking Over Functions Of Rivers House Of Assembly by themaskedman: 4:44pm On Dec 11, 2013
payless: The Nigerian Constitution permits the National Assembly to take over the day-to-day activities of any State House of Assembly if in crisis. This judge has been bought and paid for. This is a situation where a judge is making law from the bench. Judges are to interpret and administer laws.
Take ur case to the Court of Appeal mister if you know the law more than the Judge.
Re: Court Stops NASS From Taking Over Functions Of Rivers House Of Assembly by LMAyedun(m): 4:44pm On Dec 11, 2013
I only smell more "Apkako" on more heads in that House....

Greater crisis looms with this verdict.
Re: Court Stops NASS From Taking Over Functions Of Rivers House Of Assembly by fkaz(m): 4:44pm On Dec 11, 2013
taharqa: In other words, NO WHERE in d Constitution is it stated that d NA shld take ova d functions of a State HOA only cos dat House merely 'is in crisis' (yr words). Thnk you much..... Read tru d @emboldened parts of d excerpts you posted above to know what specific conditions they constitution gave..

In other word you be MU*MU, after reading the embolden you quote, you still lack understanding what transpired at the assembly.

1 Like

Re: Court Stops NASS From Taking Over Functions Of Rivers House Of Assembly by Longeria(m): 4:45pm On Dec 11, 2013
payless: The Nigerian Constitution permits the National Assembly to take over the day-to-day activities of any State House of Assembly if in crisis. This judge has been bought and paid for. This is a situation where a judge is making law from the bench. Judges are to interpret and administer laws.
Sharaaaaaaaaaap, where were national Assembly during OGUN State house of assembly "TEN MONTHS WAR".
Re: Court Stops NASS From Taking Over Functions Of Rivers House Of Assembly by 4Wilywily: 4:45pm On Dec 11, 2013
hardywaltz: Shebi its just a mere high court? Till the Supreme Court says it then we shall know its law. The 1999 constitution as amended did not specify the nature of crisis before its functions can be taken over by NA.
More ova Ameachi still has 25 lawmakers intact (27 - 2), wike has just six so whats all the fuss about?
At the end unless the ogogoro President will always be a kindergarten president.
But some of Ameachi lawmakers are on the run, Where is Chidi Lloyd?
Re: Court Stops NASS From Taking Over Functions Of Rivers House Of Assembly by Nobody: 4:46pm On Dec 11, 2013
payless:


You can spin, spin, spin, and spin till you get dizzy. That is your own problem.

Go on, read it dude. Therein lies your education. On the other hand, I think GEJ may have bribed the judge, what a corrupt president smiley
Re: Court Stops NASS From Taking Over Functions Of Rivers House Of Assembly by taharqa: 4:47pm On Dec 11, 2013
payless:


They were not able to transact business. Was the assemble no invaded by thugs and hoodlums?
They transacted business dat day even after d fight. So d talk of not 'able to transact business' is false. That's probably what d court thought too... Moreova, if every time thugs 'invade' a HOA, d NA takes ova, there wud certainly not be too many functioning HOAs around. That certainly wud not be d intent of d framers of d Constitution (whoeva d faceless people are)- and dats probably why they didn't use such a generalised and ambigious term as 'in crisis'.
Re: Court Stops NASS From Taking Over Functions Of Rivers House Of Assembly by taharqa: 4:48pm On Dec 11, 2013
fkaz:

In other word you be MU*MU, after reading the embolden you quote, you still lack understanding what transpired at the assembly.
Plz, who is this RAT ranting here. They don't acknowledge Superiors in yr village, faa??
Re: Court Stops NASS From Taking Over Functions Of Rivers House Of Assembly by hardywaltz(m): 4:57pm On Dec 11, 2013
4Wilywily:
But some of Ameachi lawmakers are on the run, Where is Chidi Lloyd?
Chidi Lloyd is very much around. Attached is a pix of Gov Ameachi and Chidi Lloyd over the week as he bids his Uncle the Nyewe Eli Akpabu good bye. From there we proceeded to Lambogini nite club to pop some champagne.
U kids on Nl need to grow up, Ameachi has the RHA in his pocket.

PS: the second pix is Chidi with a wrapper in his waist.

1 Like

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