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Election Postponement And The Position Of The Law - Politics (3) - Nairaland

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Re: Election Postponement And The Position Of The Law by Sanchez01: 2:45pm On Feb 05, 2015
Barcanista, thanks for the insight, bro. The incumbent president is striving really hard to frustrate Nigerians whom has set their eyes on the said date.

On a lighter note, I believe GEJ is aware of the 'feBuhari' chants and as such, he would not want to tussle on that day.


#WeHaveDecided
#WeCannotGoBack
#GMB/PYO

1 Like

Re: Election Postponement And The Position Of The Law by Kundagarten: 2:46pm On Feb 05, 2015
FotherMucker:


Must? Ok let him win elections first.

Second, Democratically elected leaders lead, not rule. nigeria isnt a monarchy.

Elected officials govern not lead. Only leaders lead.

1 Like

Re: Election Postponement And The Position Of The Law by Nobody: 2:49pm On Feb 05, 2015
omenka:
Nice writeup bro. At least some people might get prepared for battle with this rather than hoping that there might be no contest at all.

Jonathan is clearly afraid of going to the polls due to the popularity of the opposition candidate and nothing else. Forget all the stories about PVCs; they've been made available and anyone who's yet to collect does so to their own disadvantage.




Ps: You should learn to filter your mentions appropriately. Thanks.
The PDP shd just prepare for the poll. Their rigmaro is dead on arrival. Thank God iwu isn't Inec boss
Re: Election Postponement And The Position Of The Law by deletrue: 2:49pm On Feb 05, 2015
barcanista:
[size=13pt]1. Only Jega Can Postpone The Feb 14 Election[/size]
Section 26(1) of the Electoral Act 2010 (amended) states that:
"Where a date has been appointed for the holding of an election, and there is reason to believe that a serious breach of the peace is likely to occur if the election is proceeded with on that date or it is impossible to conduct the elections as a result of natural disasters or other emergencies, the commission may postpone the election and shall in respect of the area, or areas concerned, appoint another date for the holding of the postponed election provided that such reason for the postponement is cogent and verifiable."

This section of the Electoral Act strictly empowers only the INEC boss to determine the date of States and Federal election. INEC is the only body empowered by the law to reschedule, shift or postpone the Feb 14 Presidential election. Neither the NSA, Council of State nor the President enjoys such power irrespective of their sentiment.

[size=13pt]2. ...If INEC Decides To Postpone The Feb 14 Poll:[/size]
Postponing and rescheduling the Feb 14 election must be in accordance to Section 132(2) of the 1999 Constitution(as amended), which posit that the Presidential election must be held not later than 30 days before the expiration of this tenure. This tenure expires May 29, hence, the election mut be held on or before April 28. However, with over 80% PVC collection rate(which may rise to 90% before the week runs out), I don't see any possibility of INEC postponing the poll. Even if they do, Attahiru Jega will still be in-charge. Jega tenure ends in June.

[size=13pt]3. ...In Times of War[/size]
Section 135(3) of the Constitution state and I quote:
"If the Federation is at war in which the territory of Nigeria is physically involved and the President considers that it is not practicable to hold elections, the National Assembly may by resolution extend the period of four years mentioned in subsection (2) of this section from time to time; but no such extension shall exceed a period of six months at any one time."

Now, some may want to hide under the Boko-haram insurgency to justify their selfish call for the Feb 14 election to be postponed after the May 29 expiry date of this tenure. For such call to be actualised, 2/3 members of the NASS must sanction it. With APC having 42 and 158 in Senate and the House of Representative respectively. There is no way officers of the ruling PDP and the President can have their way except there is a compromise from the APC camp. Hence, this option is as good as DEAD(save a compromise of APC NASS members). There is nothing NSA or National Council of State can do about this.

[size=13pt]4. Option of Interim National Government:[/size]
The ING is alien to our constitution and the electoral act. After the election is held, whoever is declared winner other than the President becomes the President-elect. The incumbent President Jonathan will have no choice but to handover power to on May 29. This is sacrosanct. The talk of handing power to an Interim government, whether the Army or a "coalition" government is unconstitutional and will definitely lead to constitutional crises, anarchy and breakdown of law and order(similar to what happened in Cote'd voire in 2010). In such a case, the victorious candidate could form a parallel government, which will be recognized by the international community until the illegal ING is brought down. This is the law and there is nothing any NSA or Council of State can do about it.
Full time cut and nail you are.
Re: Election Postponement And The Position Of The Law by Oduduwaboy(m): 2:53pm On Feb 05, 2015
Can thean with fake Ph.d understand this?
Re: Election Postponement And The Position Of The Law by BotherMleeper(m): 2:54pm On Feb 05, 2015
Kundagarten:


Elected officials govern not lead. Only leaders lead.

By implication GEJ is not a leader. I concur. But note I said democratically elected. GEJ was selected, via rigging.

In any case he neither rules, leads nor governs. All he does is superintend a den of thieves and psychopaths while steadily pushing the country to the abyss.

And he has the gall to demand for another ruinous term

1 Like

Re: Election Postponement And The Position Of The Law by Oduduwaboy(m): 2:56pm On Feb 05, 2015
barcanista:
The PDP shd just prepare for the poll. Their rigmaro is dead on arrival. Thank God iwu isn't Inec boss
please dont remind me of that jester...who claimed to have cured ebola with bitter cola!
Re: Election Postponement And The Position Of The Law by Swaglord07: 2:56pm On Feb 05, 2015
GORGEOUS! Yvonne Nelson Flaunts Her Hawt Legs

SEE HOT PHOTOS HERE ==>> http://newscrib.net/2015/02/gorgeous-yvonne-nelson-flaunts-her-hawt-legs-see-photos/
Re: Election Postponement And The Position Of The Law by deletrue: 2:58pm On Feb 05, 2015
giantstrides:
Someone pls help me here, I am kinda confused, has PDP become the opposition party because I am hearing all kinds of allegation from them about collusion between INEC and APC. That seems to me to be the basic strategy of the opposition during elections, or did buhari appoint Jega as Inec's chairman...me thinks Jonathan is a goner and he knows it, there is no sense postponing the election, at least he has more time to pack all his property out of Aso rock.
Get your hospital card ready. Am sure you will not escape admission immediately after Feb., 2015
Re: Election Postponement And The Position Of The Law by OrlandoOwoh(m): 2:58pm On Feb 05, 2015
PDP/GEJ have weighted all their options, Buhari still leads.
Re: Election Postponement And The Position Of The Law by Nobody: 3:03pm On Feb 05, 2015
barcanista:
"...Postponing and rescheduling the Feb 14 election must be in accordance to Section 132(2) of the 1999 Constitution(as amended), which posit that the Presidential election must be held [b]not later than 30 days [/b]before the expiration of this tenure. This tenure expires May 29, hence, the election must be held on or before April 28. "
.

To allow for litigation, 30 days to May 29 with the state election in between is impractical, hence the reason INEC stipulated 90 days to handover. I honestly dont see how any postponement will help PDP, contrary it will hurt them more. The overwhelming majority of Northerners xtains and Muslims have decided, majority of SW have decided. The NC, SS and SE minds can be influenced with serious horse trading, and being the strong hold of Jonothin, a change will only benefit APC.
Except the plan is to use the judiciary to ambush the nation like ABN etc did with June 12. May the God of sunrise and sun set never let Arthur Nzeribe, Davies etc know peace for the rest of their life. The money they received will be source of scourge on them and their generations to come.
Re: Election Postponement And The Position Of The Law by maestroferddi: 3:03pm On Feb 05, 2015
barcanista:
My boss, except Jega decide otherwise, no party, body , institution or individual can postpone, shift or reschedule election. There are laws that are very sacrosanct, they can't try it. If they do, it will mark the begining of the fall of the government
When you elect to make yourself both the judge and the jury, objective-minded people can't help but laugh at your superciliousness.

I like the stance the PDP have adopted: allow the opposition to wear themselves out with wild conjectures while the party demonstrates to Nigerians who is in charge.
Re: Election Postponement And The Position Of The Law by maestroferddi: 3:08pm On Feb 05, 2015
OrlandoOwoh:
PDP/GEJ have weighted all their options, Buhari still leads.
Dreams don't cost anything. You can always have them. Meanwhile, they are intrinsically ephemeral: the dream would eventually end and then reality takes over and what a nightmare it would turn out to be!
Re: Election Postponement And The Position Of The Law by maestroferddi: 3:11pm On Feb 05, 2015
deletrue:
Full time cut and nail you are.
Leave am make e dey form analyst and commentator.

We don't care anymore.
Re: Election Postponement And The Position Of The Law by Oduduwaboy(m): 3:16pm On Feb 05, 2015
The election must hold on 14th february.
Prof Attahiru Jega's tenure is about to end; just a matter of like 3 months.If the postponement succeeds then Jega can be eased out and a mindless i.diot from anywhere can be brought in by GEJ/PDP to do their bidding of rigging the elections! They may even bring back Maurice Iwu!!

This is the major reason the Feb 14th date is sacrosanct...we are tired of deception.
Re: Election Postponement And The Position Of The Law by nep2ra(m): 3:20pm On Feb 05, 2015
barcanista:
[size=13pt]1. Only Jega Can Postpone The Feb 14 Election[/size]
Section 26(1) of the Electoral Act 2010 (amended) states that:
"Where a date has been appointed for the holding of an election, and there is reason to believe that a serious breach of the peace is likely to occur if the election is proceeded with on that date or it is impossible to conduct the elections as a result of natural disasters or other emergencies, the commission may postpone the election and shall in respect of the area, or areas concerned, appoint another date for the holding of the postponed election provided that such reason for the postponement is cogent and verifiable."

This section of the Electoral Act strictly empowers only the INEC boss to determine the date of States and Federal election. INEC is the only body empowered by the law to reschedule, shift or postpone the Feb 14 Presidential election. Neither the NSA, Council of State nor the President enjoys such power irrespective of their sentiment.

[size=13pt]2. ...If INEC Decides To Postpone The Feb 14 Poll:[/size]
Postponing and rescheduling the Feb 14 election must be in accordance to Section 132(2) of the 1999 Constitution(as amended), which posit that the Presidential election must be held not later than 30 days before the expiration of this tenure. This tenure expires May 29, hence, the election mut be held on or before April 28. However, with over 80% PVC collection rate(which may rise to 90% before the week runs out), I don't see any possibility of INEC postponing the poll. Even if they do, Attahiru Jega will still be in-charge. Jega tenure ends in June.

[size=13pt]3. ...In Times of War[/size]
Section 135(3) of the Constitution state and I quote:
"If the Federation is at war in which the territory of Nigeria is physically involved and the President considers that it is not practicable to hold elections, the National Assembly may by resolution extend the period of four years mentioned in subsection (2) of this section from time to time; but no such extension shall exceed a period of six months at any one time."

Now, some may want to hide under the Boko-haram insurgency to justify their selfish call for the Feb 14 election to be postponed after the May 29 expiry date of this tenure. For such call to be actualised, 2/3 members of the NASS must sanction it. With APC having 42 and 158 in Senate and the House of Representative respectively. There is no way officers of the ruling PDP and the President can have their way except there is a compromise from the APC camp. Hence, this option is as good as DEAD(save a compromise of APC NASS members). There is nothing NSA or National Council of State can do about this.

[size=13pt]4. Option of Interim National Government:[/size]
The ING is alien to our constitution and the electoral act. After the election is held, whoever is declared winner other than the President becomes the President-elect. The incumbent President Jonathan will have no choice but to handover power to on May 29. This is sacrosanct. The talk of handing power to an Interim government, whether the Army or a "coalition" government is unconstitutional and will definitely lead to constitutional crises, anarchy and breakdown of law and order(similar to what happened in Cote'd voire in 2010). In such a case, the victorious candidate could form a parallel government, which will be recognized by the international community until the illegal ING is brought down. This is the law and there is nothing any NSA or Council of State can do about it.

What a fine write up. It can only come from an intelligent and learned fellow like you.

Let the uninformed and intellectually lazy know this.

THE ELECTIONS MUST HOLD.

#SaiBuhari

1 Like

Re: Election Postponement And The Position Of The Law by Nobody: 3:42pm On Feb 05, 2015
I meant INEC announcing results before investigating election irregularities.
CFCfan:

Sir, Constitutional and judicial rules didn't set a time frame for the adjudication of election petitions. That's why the Supreme Court delivered a verdict on the 2003 presidential election in July 2005, and why the Court of Appeal sacked Ngige 2 years after his 'election'.
I wish the NBA, the Ministry of Justice, the NASS and other concerned citizens propose constitutional amendments to correct the anomaly.
Re: Election Postponement And The Position Of The Law by Nobody: 3:42pm On Feb 05, 2015
deletrue:
Full time cut and nail you are.
Oga I no get you. But the original post is my intellectual property...
Re: Election Postponement And The Position Of The Law by justynneke(f): 3:47pm On Feb 05, 2015
Obiagelli:


I didn't say anything o, i could end up with big trouble.

@ egift, please edit your post to remove my comment for security reasons
Abeg change ur name to lawal, akeem or deola cos igbos r nt knw to sound lyk dis

Otujo
Re: Election Postponement And The Position Of The Law by inalegwu99(m): 3:53pm On Feb 05, 2015
election should hold..share dis pix if u believ in the new nigeria
sai Buhari

1 Share

Re: Election Postponement And The Position Of The Law by Nobody: 3:54pm On Feb 05, 2015
GenBuhari:
I meant INEC announcing results before investigating election irregularities.
Ok. I'm with you on that point
Re: Election Postponement And The Position Of The Law by PenSniper: 3:55pm On Feb 05, 2015
justynneke:

Abeg change ur name to lawal, akeem or deola cos igbos r nt knw to sound lyk dis

Otujo

Yet your hausa cowards of 1966 dealt a serious blow to your forefathers such that their remnants ran out like bats out of hell. Your running after June 12 was smooth and free. Next time, it wont be, so prepare for the 'cowards'. A word, they say. . .
Re: Election Postponement And The Position Of The Law by mbz101(m): 4:04pm On Feb 05, 2015
I got my PVC with no stress this afternoon ... A lot of PVC cards to be pick up at ur unit , chase it and we vote them out .

1 Like

Re: Election Postponement And The Position Of The Law by Nobody: 4:09pm On Feb 05, 2015
We reject tribalism.
It is pointless, small-minded and backwards.

PenSniper:


Yet your hausa cowards of 1966 dealt a serious blow to your forefathers such that their remnants ran out like bats out of hell. Your running after June 12 was smooth and free. Next time, it wont be, so prepare for the 'cowards'. A word, they say. . .

justynneke:

Abeg change ur name to lawal, akeem or deola cos igbos r nt knw to sound lyk dis
Otujo

1 Like 1 Share

Re: Election Postponement And The Position Of The Law by richidinho(m): 4:19pm On Feb 05, 2015
U are an Idiet for waisting ur hard earned time to vomit this shit.

U are happy because GEJ is a true democrat

U talk more abt election this days than during OBJ when people's vote dnt count

Election will be postponed whether u and Jega like or not

Buhari attended the meeting because of his selfish interest unlike the previous meetings he never attended for 6yrs.
Re: Election Postponement And The Position Of The Law by goldman777: 4:34pm On Feb 05, 2015
richidinho:

U are an Idiet for waisting ur hard earned time to vomit this shit.

U are happy because GEJ is a true democrat

U talk more abt election this days than during OBJ when people's vote dnt count

Election will be postponed whether u and Jega like or not

Buhari attended the meeting because of his selfish interest unlike the previous meetings he never attended for 6yrs.


you ur a first class slowpoke

1 Like

Re: Election Postponement And The Position Of The Law by Nobody: 4:35pm On Feb 05, 2015
justynneke:

Abeg change ur name to lawal, akeem or deola cos igbos r nt knw to sound lyk dis

Otujo
Noticed. Next
Re: Election Postponement And The Position Of The Law by bigdot1759(m): 4:50pm On Feb 05, 2015
richidinho:

U are an Idiet for waisting ur hard earned time to vomit this shit.

U are happy because GEJ is a true democrat

U talk more abt election this days than during OBJ when people's vote dnt count

Election will be postponed whether u and Jega like or not

Buhari attended the meeting because of his selfish interest unlike the previous meetings he never attended for 6yrs.

P D P............... Say BUHARI Say BABA............
Re: Election Postponement And The Position Of The Law by extension: 5:03pm On Feb 05, 2015
I will soon join the group for postponement of this election. I queued for my pvc from 11am till 4.25pm and was told to come back tomorrow by 11am again. I will still go back tomorrow. I must vote--criminals.
Re: Election Postponement And The Position Of The Law by Vikky014(f): 5:10pm On Feb 05, 2015
Taylor86:
jega jega jega how many times I call u? postponeding dis election is a thunderable offense, dnt do it my payment as a Batch A corper is at stake...can't afford to lose it....pls dnt unless u want thunder to...........u
you are only interested in the election money lipsrsealed
Re: Election Postponement And The Position Of The Law by femizy: 5:25pm On Feb 05, 2015
Let a million flowers bloom.. #ihaveadreamng

We all have dreams for our great country Nigeria. Finally there’s a platform to air our views!!

Click on this link www.facebook.com/ihavedreamng/ to direct you to the ihaveadreamng page. All great dreams for #Nigeria is welcomed. Just post your dreams on the page using the hash tag #ihaveadreamng
It’s on going!!!!

Share your dreams, invite your friends to share theirs, watch your dreams streamed online at http://ihaveadream.ng/main

Make sure you remember to use all or one of this hash tags #ihaveadreamng, #shareyourdreams or #mynigeriandream

For Facebook and Google plus users, kindly make your posts on the ihaveadream page

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Thanks as you join in voicing the dreams of Nigerians!
ihaveadream
Re: Election Postponement And The Position Of The Law by Nobody: 5:34pm On Feb 05, 2015
Son of Man, stop talking thrash! Jonathan didn't give me any freedom, the constitution does. Whether jonathan or pdp like it or not, election MUST HOLD next Saturday. That is FINAL!
richidinho:

U are an Idiet for waisting ur hard earned time to vomit this shit.

U are happy because GEJ is a true democrat

U talk more abt election this days than during OBJ when people's vote dnt count

Election will be postponed whether u and Jega like or not

Buhari attended the meeting because of his selfish interest unlike the previous meetings he never attended for 6yrs.

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