you dont mean it

No way. It's a joker! But the end will determine the means.

The judiciary does not have powers to stop legislative activities in the chambers of the Senate. This is another jankara market injunction, we are back to the days of PDP using the courts to rig elections

seunmsg:
Saraki and his fellow clowns at the Senate should please stop the election reordering joke. It is never going to work. The senators cannot legislate their way back to the Senate. The power to order election belongs to INEC and only INEC. National assembly cannot be allowed to usurp the powers and independence of INEC.

Are you being serious? Do you know what the powers of the legislature entail?

Shameless Presidiot what are you afraid of. NASS can never be stopped from doing their job.

Accord party, hand of Esau, voice of Jacob

Mohomodu Buhari has failed as a known failure.

This kangaroo court judgement is DEAD on arrival.

hammer6U:
COURT HAS NO POWER OVER NASS.


COURT HAS EXCEEDED ITS JUDICIAL MANDATE.


CORRUPT JUDGES, THUNDER FIRE ALL OF UNA. BASTARDS!

E pain am lolzzzzz......to say u get sense, u suppose don know say this is how it will end, both parties maintains status quo and hearing resumes after election......lolzxxxxx

Does the court have the right to stop the national assembly from making and amending laws? Lawyers in the house, please shade some light on this.

seunmsg:
Saraki and his fellow clowns at the Senate should please stop the election reordering joke. It is never going to work. The senators cannot legislate their way back to the Senate. The power to order election belongs to INEC and only INEC. National assembly cannot be allowed to usurp the powers and independence of INEC.

Re you for real?

Really, can a court order the national assembly from amending an existing bill? What a joke of a country.

The illiteracy of the President is visible from space and his loyalists are all without shame. What a backwater country this is.

The height of official corruption.

jumobi1:


Are you being serious? Do you know what the powers of the legislature entail?

Tell us jare!

Better. They want to control Executive and Judicial powers too. Yeye.

seunmsg:
Saraki and his fellow clowns at the Senate should please stop the election reordering joke. It is never going to work. The senators cannot legislate their way back to the Senate. The power to order election belongs to INEC and only INEC. National assembly cannot be allowed to usurp the powers and independence of INEC.

The Senate is the country and it's people it's more powerful than buhari and inec, the judiciary is only there to interpret, if the people want a restructuring there is nothing wrong in finding loopholes in the electoral act and fixing it, why should inec be afraid of a perfect electoral structure if not Bubu himself is playing dirty and house at the same time

sai baba. Enemies go and sell drugs or jump inside d lagoon

APC will destroy Nigeria constitution before they live power.
The judiciary want the legislative arm to join them as rubber stamps.
I fear for the future of democracy under APC.

Burukpe:
I thought PMB and APC are popular enough to win any election however, whenever, wherever. Shame on you senseless propagandist and lying liars of this generation.

pls stop being myopic.so pmb shud just assent to anything even if he disagrees with it?ur hatred for pmb has clouded ur reasoning ability.why haven't d senate vetoed pmb on d peace corps bill?u all are blaming pmb but ur respective states houses of assembly reject d bill for local govt autonomy and instead of u lots to be vicious against dem,u are here hating on someone dat u didn't even vote for in d first instance.FYI,d court will keep adjourning d case till election will come and go.thank goodness d almighty WOLE OLANIPEKUN is d applicant

cashkid:


E pain am lolzzzzz......to say u get sense, u suppose don know say this is how it will end, both parties maintains status quo and hearing resumes after election......lolzxxxxx

Are you sure of the bolded? Please don't let people like Faraaideed, Mogidi and Firefire have cardiac arrest.

dignity33:
Useless judicial dominated by Buhari brothers. What a useless to tell legislators to stop their constitutional right.

which constitution give dem rigth to fix election. ok may be it is a biafaran constitution sha. no pig can stop buhari

I decided to put this here cos am very sure most of you barking here are aware of this but your hatred for Buhari has beclouded your sense of reasoning.

Last Tuesday, about 35 members of the House of Representatives considered and adopted the report of their Committee on Electoral Matters and Political Parties’ Affairs, where they made some far-reaching amendments to the Electoral Act, 2010, which, if assented to, would change the country’s election sequence, among other issues. Our correspondent, who attended the session where the decision was taken, writes.
Our correspondent observed that about 35 members of the House were present at the beginning of the consideration of the report, presided over by Deputy Speaker Yussuf Suleiman Lasun.

This appears to be against the Standing Orders set by the lawmakers, which state that they must form a quorum of one-third of the 360 members before any decision can be taken.
This will mean that there should be at least 120 members seated before a quorum can be formed.
Order 4, Rule 1 of the House provides that, “The quorum of the House shall be one-third of all the members of the House.
Rule 2 of the same Order 4 provides that: “If any member draws the attention of the Speaker to the fact that a quorum of the House is not present, or if, from the number of members taking part in a division, including those members who declined to vote, it appears that a quorum is not constituted, the Speaker shall cause members to be summoned as if for a division. At the expiration of 15 minutes from such order, the Speaker shall count the House and, if a quorum is not then constituted, shall adjourn the House forthwith.”
In the case of report consideration, it is done at the Committee of the Whole House, where the Deputy Speaker presides.
Order 4, Rule 3, which is on quorum for the Committee of Whole, provides that, “If notice be taken in a Committee of the Whole House that a quorum is not present, the chairman shall follow the course pursued by the Speaker in accordance with paragraph (2) of this Rule.

“If he ascertains that less than one-third of all the members are present, the chairman shall leave the Chair, and the House shall be resumed; whereupon the Speaker shall count the House. If a quorum is then present, the House shall again resolve itself into committee, but if a quorum is not present, the Speaker shall adjourn the House forthwith.”
Some of those present included Kingsley Chinda; James Faleke; Tajudeen Yusuf; Ismaila Gadaka; Mohammed Gololo; Aishatu Dukku; Mohammed Tahir Monguno; Chukwuka Onyema; Simon Arabo; Betty Apiafi; Babajimi Benson; Edward Pwajok; Henry Nwawuba; Samuel Ikon; Mohammed Musa Soba; Boma Goodhead; Nkeiruka Onyejeocha; Victor Nwokolo; Prestige Ossy; Pat Asadu; Uche Nnamobi; Ken Chikere; Zakari Angulu; Benjamin Wayo; Alexander Kolawole; Jones Onyereri and Sunny Egbenyi.
Others who were present but later left were; Yusuf Bala Ikara; Razak Atunwa; Sergius Ogun; Dagomie Abiante; Alhassan Ado Doguwa and Gabriel Onyewife.

There were few other lawmakers present on the floor, whose identities could not be immediately ascertained. Others left before the consideration started.
Our correspondent reports that most of the lawmakers usually leave the chamber as soon as the House resolves into the Committee of Whole to consider reports.
CISLAC reacts
In his reaction, the executive director of the Civil Society Legislative Advocacy Centre (CISLAC), Auwal Musa Rafsanjani, said in the first place, the Independent National Electoral Commission (INEC), by our law, is empowered to draw timetable and ensure proper regulation on how political parties and their candidates comply with the Electoral Act.
Rafsanjani, who is also the head of Transparency International in Nigeria, said it was unfortunate that the lawmakers did not pay attention to the rules they set for themselves on how to form a quorum that can take a legislative decision.
“This is a very serious concern, because when it comes to the issue of amendment of any law, it requires that at least the House should have a quorum for such kind of important legislation to happen.
“But by the time this amendment took place at the plenary session, only about 35 members of the House were actually there. This is a serious issue even without looking at the items or matters that they touched within the period, which is about changing the elections timetable that INEC has already released.
“They didn’t even have the required number of members to deliberate on this kind of important national issue. I think that alone would have raised a serious concern on their action.
“In view of the fact that there was no proper quorum to pass that kind of amendment and the fact that the House doesn’t have that kind of constitutional and legislative powers, to tinker or draw timetable for INEC, it is important that we call on the Executive not to assent to this kind of amendment.
“I’ll suggest that both the House and the Senate reconsider the matter and allow INEC to carry out its responsibilities irrespective of the fact that some of the legislators may want to re-contest. Once you have electoral value, the people will vote for you, but not to maneuver your way. That will amount to electoral fraud.
“Secondly, there’s already a court judgement regarding the powers of the National Assembly when it comes to the issue of guidelines and timetable for elections. This is a complete deviation from what the court said.
“It is not within the legislative and constitutional powers of the National Assembly to tinker with the timetable as released by the INEC. The constitution is very clear. The role of the legislature is to make laws regarding the electoral process, but the guidelines and timetable is within the powers of INEC.
“So, it’s important that the legislature restricts itself to the powers given to it by the constitution. Tempering with the election dates as released by the INEC has constitutional implications. In any case, there’s a judgement by the Supreme Court regarding this kind of situation.”
https://www.vanguardngr.com/2018/02/national-assembly-lacks-power-fix-election-dates/

docadams:
[/b]

Ate you sure of the bolded? Please don't let people like faraaideed, Mogidi and Firefire have cardiac arrest.

We know how to tame the madness in them.....they are known for making noise and chest beating but we are master in keeping them shut

Having watched the trend of the debate it is regrettable to note that the parties involved in the dispute have not studied the decision of the Court of Appeal in the case of National Assembly v. President (2003) 9 NWLR (PT 824) 104 at 143-144. In that case, President Obasanjo had refused to assent to the Electoral Bill 2002 which had been passed by both Chambers of the National Assembly and transmitted to him June 24, 2002. Subsequently, by a motion of veto-override the national assembly passed the bill into law. In an originating summons filed at the Federal High Court the INEC challenged the validity of the passage of the Bill into law and the constitutionality of Section 15 of the Act which had provided that general elections shall be held in one day. The trial court held that the Bill was properly passed into law but that Section 15 thereof was inconsistent with Sections 76, 116, 132 and 178 of the Constitution. Dissatisfied with the annulment of Section 15 of the Electoral Act, the national assembly filed an appeal at the Court of Appeal. On his own part, the Attorney-General of the Federation filed a cross appeal to challenge the passage of the Bill into law. In its judgment the Court of Appeal held that the manner of passing the bill into was unconstitutional but declined to set it aside on ground of public policy as the 2003 general elections were being conducted under the law. However, the Court of Appeal affirmed the decision of the Federal High Court on the illegality of Section 15 of the Electoral Act. In his contribution to the judgment of the Court, Oduyemi J.C.A (as he then was) stated that “in so far as Section 15 of the Electoral Act, 2002 seeks to fetter that discretion and limit the 3rd Defendant to only one day in the year for all elections to the offices concerned, that provision of the Act is inconsistent with the provisions of the Constitution above referred to and is to that extent a nullity. Section 1(3) of the Constitution… All in all, I agree with the reasoning in the judgment of the lower court and with the conclusion in the judgment that Section 15 of the Electoral Act, 2002 is inconsistent with the specific provisions of the Constitution of the Federal Republic of Nigeria, 1999 in Section 132(1), 76(1), 178(1), 116(1), 78, 118 and Item 15(a) of the 3rd Schedule: that it infringes upon the absolute discretion vested by the Constitution on the 3rd Respondent with regard to the fixing of dates for election into the various offices concerned.

Burukpe:
I thought PMB and APC are popular enough to win any election however, whenever, wherever. Shame on you senseless propagandist and lying liars of this generation.

Are u talking about APC or what ? Do u go school at all? .. The bill if become law will affect the country after Buhari and APC government.

Don't u remember that a day is coming that an Igbo and Yoruba man will become president and the bill will affect them

Am very sorry if I sound rude to u .

In PDP V. SYLVA (2012) 13 NWLR (PT 1316) 85 the respondent challenged the decision of the INEC to cancel and reschedule the 2012 governorship election in Bayelsa State. In dismissing the contention the Supreme Court (per Rhodes Vivour JSC) held that ‘’INEC has the sole responsibility to fix dates for election and to my mind if INEC fixes a date for elections and for whatever reason, be it logistic, I do not think anyone has a cause of action against INEC for canceling an election (not held) and rescheduling elections for another day’’. Similarly, in NDP V INEC (2013) 20 WRN 1 at 45 the Supreme Court (per Ariwoola J.S.C.) held that “It is not in doubt that the Independent National Electoral Commission (INEC) that is, the respondent, has the sole responsibility to decide when elections are to hold. See Peoples Democratic Party v Timipre Sylva & Ors (2012) 13 NWLR (Pt 1316) 85 at 122. The respondent also reserves the prerogative to decide what Timetable of Activities to publish for a General Election.” Furthermore, in Hon. James Abiodun Faleke v INEC (2016) 50 WRN 1 the Supreme Court reiterated the view that by virtue of paragraph 15 of Part 1 of the Third Schedule made pursuant to section 153 (1) (f) and (i) of the Constitution, the Independent National Electoral Commission has power to organize, undertake and supervise all elections to the offices of the President, Vice President, the Governor and Deputy Governor of a State and the membership of the Senate, the House of Representatives and the House of Assembly of each state of the Federation. No doubt, the national assembly would have achieved its objective if it had incorporated the sequence of the general elections in the Constitution. But by providing that the INEC shall fix election dates “in accordance with the Electoral Act” the interference in the exercise of the discretionary power of INEC’s constitutional power to fix the dates for the elections cannot be justified in law. As far as the Constitution is concerned, the power of the INEC to organize, undertake and supervise the elections which has been interpreted to include the power to fix the dates for the general elections or determine the sequence of the elections has not been altered in any material particular.

Read more at: https://www.vanguardngr.com/2018/02/national-assembly-lacks-power-fix-election-dates/

It is the height of legislative absurdity to say that the power donated to the INEC by the Constitution shall be exercised in accordance with the provision of an interior legislation. In Attorney-General, Abia State v. Attorney-General of the Federation (2002) 1 WRN 1 at 45 Kutigi CJN (as he then was) held that “where the provision in the Act is within the legislative powers of the National Assembly but the Constitution is found to have already made the same or similar provision, then the new provision will be regarded as invalid for duplication and/or inconsistency and therefore inoperative. The same fate will befall any provision of the Act which seeks to enlarge, curtail or alter any existing provision of the Constitution. The provision or provisions will be treated as unconstitutional and therefore null and void.” From the foregoing, it is submitted that the interference in the exercise of the powers of the INEC to appoint dates for holding the general election in Nigeria is illegal as the provision of the Electoral Bill, 2018 is inconsistent with Sections 76,116,132 and 178 of the Constitution. To the extent of such inconsistency, the provision of the Electoral Bill is illegal, null and void as stipulated by section 1 (3) of the Constitution. In other words, since the INEC has been empowered to organize, undertake and supervise all elections the National Assembly cannot rely on the provision of the Electoral Act to usurp the powers of the INEC to fix the dates for the elections. In view of the settled position of the law the INEC should not waste public funds by rushing to the Supreme Court to contest its own constitutional duty to organize, undertake and supervise the 2019 general elections.

Read more at: https://www.vanguardngr.com/2018/02/national-assembly-lacks-power-fix-election-dates/

seunmsg:
Saraki and his fellow clowns at the Senate should please stop the election reordering joke. It is never going to work. The senators cannot legislate their way back to the Senate. The power to order election belongs to INEC and only INEC. National assembly cannot be allowed to usurp the powers and independence of INEC.

Where is your brain?

This nonsense reminds me of Lucky Dube's song, Crazy World.

kimjongJezebel:
Useless order by an incompetent Justice Ahmed Mohammed! The Court has no power whatsoever to stop the National Assembly from carrying out their constitutional responsibilities.


Everyone knows that except the illiterates, even my unborn child in the womb knows that the Court has exceeded its judicial mandate.


The Electoral Act has always been altered or more appropriately, amended by the National Assembly depending on how the majority sees it. In 1999, Presidential election came last and nobody made noise about it so why the sudden and loud noise on this one?

. Is the constitution not already clear about how and whose power it lies under to review .and bring back to then to adopt? If need be?

APC and the buhari lead administration has turn the judiciary to a joke. How can a court stop the national assembly from carrying out it's constitutional mandate given to it by the people?

The court should have used its judges to affirm the appointments of those the Senate refuses to confirm as well if they think they have more powers than the legislative arm of government.

If I were the senate I'll outrightly discard this junk injunction and go ahead with the peoples mandate. After all the buhari lead administration is known for boldly disregarding court orders as seen in the cases of dasuki, KANU, el zakky and other citizens who's rights buhari has trampled upon.

Buhari chooses what court order to obey and disregards the one that doesn't favour him. This same man has the mind to run to the courts he has so far disregarded. Buhari is a joker! The senate must go on.

cashkid:


Tell us jare!

Me that I was using style to ask Lmbooo

On a serious note, the NASS can make laws with respect to election matters. If the president vetos it then they can veto back with a 2/3rd vote.

dignity33:
Useless judicial dominated by Buhari brothers. What a useless to tell legislators to stop their constitutional right.

If English could be this hard for u then shut up and go back to school

Too early