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Electoral Bill: National Assembly Violated 1999 Constitution - Sule Lamido - Politics (2) - Nairaland

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Re: Electoral Bill: National Assembly Violated 1999 Constitution - Sule Lamido by BJanta: 5:28pm On Dec 26, 2021
slivertongue:
“the Nigerian constitution guarantees the safeguard of our plural democracy. The same constitution inherently guarantees parties to regulate the conduct of their affairs and mandates the Independent Electoral Commission to oversee compliance to their (parties) constitution, a copy of which is deposited with the electoral body.

They are right to do so. Are they not the ones empowered to amend the consideration?Why would anyone one of you go to court to test your opinions ?. Where are these Falanas and Ozekhomes of this world? May Chief Gani Fawehinmi , the only truly selfless constitutional lawyer ,rest in peace.
Re: Electoral Bill: National Assembly Violated 1999 Constitution - Sule Lamido by BJanta: 5:31pm On Dec 26, 2021
uncleck:
Electoral business....

What do I know apart from roofing house

You know your hammer, your saw ,your nail and your roofing sheets. Lol
Re: Electoral Bill: National Assembly Violated 1999 Constitution - Sule Lamido by AderonkeOlaniyi(f): 5:34pm On Dec 26, 2021
NLPoliceWoman:

Read Rule 1

KEEP KWAYET THERE!!!
Re: Electoral Bill: National Assembly Violated 1999 Constitution - Sule Lamido by Nobody: 5:37pm On Dec 26, 2021
Four Frauds That Are Fatal For The 1999 Constitution Or Why The 1999 Constitution Must Be Jettisoned By Chinweizu
These fatal frauds are 4: the “We the people” fraud; the “Federation” fraud; the “Fighting corruption” masquerade/fraud; and the “Socially responsible State” masquerade/fraud. Let’s examine them.

1. The “We the people” fraud

23rd of May, 2007, the Movement for a New Nigeria (MNN) launched a legal attack on the 1999 Constitution by filing Suit No. FHC/ABJ/CS/367/07 in the Federal High Court, Abuja and, in 2009, Suit No. FHC/L/CS/558/09 before the Federal High Court, Lagos Division, seeking the termination of the operation of the 1999 Constitution on the ground that it is a forgery and a fraud in that it was made via Decree by one ‘Gen. Abudusalami Abubakar’ who lied in the preamble that ‘We the people of Nigeria….’ made and enacted it.

The Plaintiffs in the Suits included Chief Anthony Enahoro, Dim Chukwemeka Ojukwu, Chief C. C. Onoh, Prof. Wole Soyinka, Prince Bankole-Oki (SAN), Bishop Bolanle Gbonigi, Alhaji Yerima Shettima, Alhaji Asari Dokubo, Chief Ralph Uwazuruike and Fred Ageyegbe, Esq. The case, I understand, is still languishing in court, a victim of endless adjournments.

2. The “Federation” fraud
Its federalism is a fraud because:

(a) It falsely parades Nigeria as a federation whereas Nigeria ceased to be a federation in 1966, with the abrogation by the military of the 1963 federal constitution.

(b) With the demobilization of the earlier federating units, its present states, the alleged federating units, have no constitutions of their own, making them false federating units;

(c) It lacks fiscal federalism: its behemoth Central Govt. (falsely called “Federal Govt.”) takes for itself a lion’s share of the country’s resources and gives crumbs to the 36 states and the 774 Local Governments; they are thus not economically self-reliant entities but subsist on allocations from the Central Government; they are, consequently, mere economic dependents and administrative agents of the Central Government—which is contrary to federalism;

3. The “Fighting corruption” masquerade/ fraud

The 1999 Constitution is the Godfather of corruption, through the immunity clause 308. (1), which protects, and thereby implicitly invites, looting by the highest officials who have brazenly set the terrible example that the rest of society have emulated. However, it ostentatiously declares in Section 15. (5) that “The State shall abolish all corrupt practices and abuse of power”, thus giving the false impression that it is for fighting corruption. But it then surreptitiously annuls Section 15.(5) by its ouster clause (See fraud #4, discussed next) It is a fraud for the Godfather of corruption to give the impression that it is against corruption, and the fraud is compounded when it empowers the State to fight corruption but then surreptitiously discourages it from doing so. That’s double duplicity!

4. The “Socially responsible State” masquerade/ fraud

The 1999 Constitution surreptitiously relieves the Nigerian State of the customary and fundamental responsibility of a state for the welfare and security of the people it rules: This is done by technically annulling the obligations clearly and ostentatiously stated in its own “Chapter II: Fundamental Objectives and Directive Principles of State Policy”. Chapter II is surreptitiously ousted in Chapter I, by section 6. (6)(c) thus:

(6) The judicial powers vested in accordance with the foregoing provisions of this section -

(c) shall not except as otherwise provided by this Constitution, extend to any issue or question as to whether any act of omission by any authority or person or as to whether any law or any judicial decision is in conformity with the Fundamental Objectives and Directive Principles of State Policy set out in Chapter II of this Constitution;

This is the ouster clause, since nobody can go to court to enforce any Ch. II provision. That is to say, if the government omits to act on Ch. II, it cannot be sued by anybody or be compelled by any court to do its constitutional duty. This clause, by making Ch. II non-justiciable, effectively makes it unenforceable, thus ousting it.

This covert ouster allows the Nigerian state to masquerade as a socially responsible state whereas it is no such thing. This masquerading gives it false legitimacy, and is a fraud.

Among the fine-sounding Ch. II provisions hereby ousted are the following admirable principles and laudable objectives (in bold):

13. It shall be the duty and responsibility of all organs of government, and of all authorities and persons, exercising legislative, executive or judicial powers, to conform to, observe and apply the provisions of this Chapter of this Constitution.

14. (2)(b): It is hereby, accordingly, declared that the security and welfare of the people shall be the primary purpose of government:

14. (5): The State shall abolish all corrupt practices and abuse of power.

16. (2)(d): The State shall direct its policy towards ensuring that suitable and adequate shelter, suitable and adequate food, reasonable national minimum living wage, old age care and pensions, and unemployment, sick benefits and welfare of the disabled are provided for all citizens.

Ch. II was introduced in the 1979 prototype of the 1999 Constitution. But despite these clearly stated obligations, none of Nigeria’s governments have felt constitutionally compelled to fight corruption or abuse of power, none have felt constitutionally compelled to provide security or welfare to the people; and it has been constitutionally impossible to take them to court for these failings. Finding themselves protected from legal action, they have boldly and brazenly done their utmost to deny Nigerians even minimum social welfare, to inflict chronic insecurity on them, and to block the possibility of even minimal prosperity to most of the Nigerian population. They have thereby delivered hell to Nigerians and done so with an impunity conferred by that covert and technical ousting of Ch II which is still unnoticed by most people. Their infliction of rampaging corruption is known to the whole world. So let us briefly examine and quantify their not-so-well-known record of inflicting impoverishment and insecurity on the Nigerian population.
Wholesale impoverishment of Nigerians quantified:

Here are the figures. According to the Nigerian Government’s own “African Peer Review Mechanism Country Self-Assessment Report (CSAR) for 2007”, paragraph 88: in 1960 (the year Nigeria attained independence, which was also the year it began to export crude oil) the poverty level was 15% of the population. In 1980, (after 20 years as one of the world’s major oil exporters) the poverty level had risen to 28% of the population. In 1985 it had risen to 46%, and to 65% in 1996. In other words, despite its huge inflow of oil revenue, Nigeria’s poverty level had steadily risen from 15% of its 45m population in 1960 to 65% of its 112m population in 1996. That is from the Obasanjo Government’s own self-assessment report for 2007: from what better horse’s mouth could this have come?

We should note that, since it is the refined combination of both its prototype, the 1979 Constitution, and the set of military decrees by which Nigeria was ruled between 1966 and 1999, this 1999 Constitution has, in one version or another, been Nigeria’s operative constitution from 1966 till today. That means that it was the de facto constitution during 30 of the 36 years, 1960-1996, when the escalating poverty level documented in that CSAR took place. That fact probably makes the 1999 constitution the world’s most effective poverty multiplying mechanism of the 20th century. (The Guinness Book of Records should please take note!) That alone is more than sufficient justification for Nigerians to get rid of it before it gets rid of them. If they don’t discard it now, the poverty level could reach 99% by 2020!

The irresponsibility and impunity granted the Nigerian state by the technical ousting of Ch. II is manifested, not just in the impoverishment of most Nigerians (quantified above), but also in trigger-happy massacres by state agents. Here are some

Major massacres of Nigerians by the State since 1966:

1977: Soldiers burn down Fela’s Kalakuta following his boycott of Festac 77.

1978: The military Govt of Lagos State demolish Fela’s Kalakuta, while he was away at the Berlin Jazz Festival.

1980: Farmers in Talata-Mafara, Sokoto State, massacred following protests against Impresit Bakalori, an Italian Company.

1980s: Students at ABU, Zaria, and the OAU, Ile-Ife, killed by police on several occasions.

1999, Nov.: soldiers, deployed to the Niger Delta to protect the oil companies from citizens outraged by the devastation of their environment, sack Odi village, Bayelsa State, killing hundreds.

2001, Oct: Zaki-Biam, Benue State sacked by army, with more than 200 killed.

2009: The Nigerian Military’s JTF devastated villages in the Niger Delta, reportedly killing thousands in a bid to bring the Niger Delta militants to their knees. Nigerian lawmaker, Alhaji Bala N’Allah, was reported to have said at the time: “Nigeria can afford to waste 20 million people in the Niger Delta to save the remaining 100 million population.” This was a vehement statement of the genocidal intent of that JTF operation.

This list of major massacres does not include the countless victims of kill-and-go “accidental discharge” at checkpoints and demonstrations; or the numerous cases of judicial and extra-judicial executions conducted by state agents, most notoriously under Abacha.

All in all, the 1999 Constitution has been, and remains, a Guarantor of bad governance and the Mother of all evils in Nigeria.

These frauds are not victimless: In the last 50 years, they have had deadly consequences for the probably tens of millions of Nigerians who were impoverished or ruined in other ways and went off to prematurely die, unnoticed in the statistics. Some crowded the shantytowns, some lived under bridges, the lucky fled abroad to work at jobs; the most desperate and adventurous handed themselves to human traffickers to take them across the Sahara to seek survival in Libya and Europe, with many perishing along the way.

If you’ve ever wondered why corruption in Nigeria is so brazen and so unchecked by the authorities, or why “kill-and-go” police are never punished, or why kidnapping has become a plague in Nigeria ever since the official example was set in 2003, when an elected State Governor (Chris Ngige of Anambra state) was kidnapped by a privately hired police posse whose high-ranking organizer (A.I.G. Raphael Ige) went unpunished, but was merely retired with full benefits, you now know why: These crimes are licensed by the 1999 constitution which covertly removed the obligation of the state to prevent or punish them.

These frauds and their deadly consequences open up for discussion the question of the legality and democratic legitimacy of the 1999 Constitution and of the institutions based on it. We must make that issue a part of this National Dialogue. While the lawyers will have a field day arguing every conceivable side of this question, it is our duty, as the victims of these frauds, to give ourselves political protection by giving ourselves, without delay, a constitution that is not open to such frauds, doubts and endless debates. And for that we need to proceed with a political process for making a new constitution for ourselves, a Peoples’ Constitution. And the first step to that is to get on with the SNC.

Chinweizu
Re: Electoral Bill: National Assembly Violated 1999 Constitution - Sule Lamido by okorogodwin4(m): 5:44pm On Dec 26, 2021
post=108833206:

Dead parry of thieves, looters, criminals, fraudsters and animals.
PDP in Nigeria again?
Never again in our nation.
90percent of the PDP thieves are now in APC were there sins have been forgiven but your myopia and tribal hatred will not allow you to see beyond nose keep chewing your gworo

1 Like

Re: Electoral Bill: National Assembly Violated 1999 Constitution - Sule Lamido by seguno2: 6:12pm On Dec 26, 2021
dollynnn:
PDP and witch -hunting are 5&6.
Both APC and PDP should be sent to the abyss in 2023.

Please how much of your time and money have you invested in making another party viable in the 774 LGAs for your above wish to be taken seriously
Re: Electoral Bill: National Assembly Violated 1999 Constitution - Sule Lamido by seguno2: 6:14pm On Dec 26, 2021
post=108833206:

Dead parry of thieves, looters, criminals, fraudsters and animals.
PDP in Nigeria again?
Never again in our nation.

Is APC not worse with the pretentious crook who said that Abacha did not steal despite working with the same Abacha as our commonwealth was being looted
Re: Electoral Bill: National Assembly Violated 1999 Constitution - Sule Lamido by tutudesz: 6:18pm On Dec 26, 2021
post=108833207:

The former.
Can party members be influence to vote a particular candidate in direct primaries Yes!! So what is the difference undecided
Re: Electoral Bill: National Assembly Violated 1999 Constitution - Sule Lamido by gazza07(m): 6:22pm On Dec 26, 2021
By who? Third force ppl?
dollynnn:
PDP and witch -hunting are 5&6.
Both APC and PDP should be sent to the abyss in 2023.
Re: Electoral Bill: National Assembly Violated 1999 Constitution - Sule Lamido by EniObanKeAde: 6:37pm On Dec 26, 2021
Man got nothing to say....
Re: Electoral Bill: National Assembly Violated 1999 Constitution - Sule Lamido by baralatie(m): 6:54pm On Dec 26, 2021
slivertongue:
“the APC-dominated Nigerian Senate bill stipulating that political parties must conduct direct primaries to choose their candidates into elective offices is a clear indication that the ‘APC senate’ is turning itself into a sole administrator of political parties which is tantamount to political self-help.”
This is a valid argument
Re: Electoral Bill: National Assembly Violated 1999 Constitution - Sule Lamido by Toks2008(m): 7:14pm On Dec 26, 2021
tutudesz:
This direct primary of a thing doesn't make sense at all undecided Lagos is a prefect example, were Ambode was rigged out through direct primaries undecided and Government shouldn't decide how parties pick their candidates.
Indirect or direct primaries will not stop God fatherism undecided

You have no idea what direct primaries mean. Go and get your facts right.
Re: Electoral Bill: National Assembly Violated 1999 Constitution - Sule Lamido by tutudesz: 7:31pm On Dec 26, 2021
Toks2008:


You have no idea what direct primaries mean. Go and get your facts right.
undecided
Re: Electoral Bill: National Assembly Violated 1999 Constitution - Sule Lamido by seyz91(m): 7:34pm On Dec 26, 2021
Re: Electoral Bill: National Assembly Violated 1999 Constitution - Sule Lamido by gawu1: 12:05am On Dec 27, 2021
contigiency:
The man was just talking like an empty drum. What does he mean by calling only APC as if PDP members did not participate in making the bill. So if they ask the old man now, he will say he is doing opposition politics?
I am sure he had written that nonsense and kept it in anticipation that the moment the president would signed to the now rejected bill he would release it. Unfortunately for him, his prediction didn't work out as the the president refused assenting to the bill. That the president couldn't signed the bill, he has to haphazardly edit the part where he lampooned him if he had assented and therefore released the remaining part unintelligible to fulfill his 'I am an opposition' part; the reason why he couldn't see how his own party members in the parliament participated in making the bill.
Same as that wicked Wike who said at sometime that he was ready to engage the president in a legal battle should he assent to the bill after passed by the parliament, only for him to turn round blaming the president for rejecting assenting to it.
Pure confused oppositions!

1 Like

Re: Electoral Bill: National Assembly Violated 1999 Constitution - Sule Lamido by BigBizzy(m): 6:19am On Dec 27, 2021
The same 1999 useless constitution that doesn't project a progressive Nigeria?

Time to over haul that piece of shit
Re: Electoral Bill: National Assembly Violated 1999 Constitution - Sule Lamido by jessevictor459: 10:55am On Dec 27, 2021
According to fella animal talk
If direct primaries is compulsory parties will still own their internal affairs, and that doesn't make d assembly the sole administrator of the parties and then parties who can't fund theirs should better opt for mergers...honestly speaking there are so many unnecessary parties in nigeria we should be looking at reducing them or creating mergers cus the usefulness of multiple parties isn't felt in 9ja

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