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Election Postponement And The Position Of The Law - Politics (4) - Nairaland

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Re: Election Postponement And The Position Of The Law by richidinho(m): 6:53pm On Feb 05, 2015
barcanista:
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!

May be u can also tell us that there was no constitution wen OBJ was the President

Buhari truncated a Democratic govt

He CNT rule Nigeria

Nigeria is a construction site under GEJ

2019 will tell

Support him; he meant well for u and ur religion.. Tribe and household
Re: Election Postponement And The Position Of The Law by docadams: 7:30pm On Feb 05, 2015
Kundagarten:


And if the election is postponed what will you do?

Haba! What he will do? It is obvious you are not in tune with yourself talk less of the entity called Nigeria
Re: Election Postponement And The Position Of The Law by nep2ra(m): 8:12pm On Feb 05, 2015
[s]
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.

[/s]

A perfect example of a nincompoop.
Re: Election Postponement And The Position Of The Law by Here2BustnScrew: 8:37pm On Feb 05, 2015
barcanista:

[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.
the date can be postponed sha......
Re: Election Postponement And The Position Of The Law by Nobody: 6:37am On Feb 08, 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.

U obviously can't interpret the constitution.
Re: Election Postponement And The Position Of The Law by Nobody: 6:53am On Feb 08, 2015
agabusta:


INEC: Ballot papers ready, 48 million PVCs distributed
http://www.punchng.com/news/inec-ballot-papers-ready-48-million-pvcs-distributed/

Please take the correction above. With the correction, that makes it 70% that have collected their PVCs. The election is good to go!

No need for postponement.

Meanwhile.......GMB/PYO!!!

ur not well.
Re: Election Postponement And The Position Of The Law by freeanijor(m): 7:41am On Feb 08, 2015
So what will these goons gonna now that the election has being postponed?
Re: Election Postponement And The Position Of The Law by agabusta: 1:16pm On Feb 08, 2015
chuna1985:


ur not well.

You need a mental re-orientation.

You also need to learn some good manners.

1 Like

Re: Election Postponement And The Position Of The Law by jom28gy(m): 1:40pm On Feb 08, 2015
The writer of this,even though he is quoting the laws of land quote the one that suit him as opposition.
Re: Election Postponement And The Position Of The Law by redcap: 1:56pm On Feb 08, 2015
The constitution is just like the Bible..barcanista will never learn.
Re: Election Postponement And The Position Of The Law by customized19: 10:16pm On Feb 16, 2015
barcanista:
All rumours my brother. Forget about what one National Security Adviser or some group of protestera and political parties says, they cannot effect any change of date. The President cannot wake up from his slumber to announce election postponement, it is beyond him. If Council of State like let them all endorse election shift, it amounts to nullity. INEC does not take orders from anybody, let them blab.

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