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Constitution And Its Prohibitions - North Under The Microscope! - Politics - Nairaland

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Constitution And Its Prohibitions - North Under The Microscope! by DuduNegro: 8:54pm On Feb 13, 2012
Putting sentiments aside: Kano State like any other state in Nigeria is equipped by the constitution to make and pass legitimate laws (including the much dreaded and least understood Sharia law)in the best interest of its citizens; believe me if any of this was unconstitutional, it would have been successfully challenged in the courts of law - especially by CAN, who seem hell bent against it.

The above quote is from Me_Aboki.  This was part of his response on the topic of Kano hisbah confiscating N1.6M worth of alcohol in the city.  It's a challenge to those in the South who dismiss North as an illiterate and backward caste.  I must ask, how is it that the illiterate caste is jerking the scholarship caste around in its own area of proficiency and mastery? 

See below for more of such eye popping realities on constitution, law and prohibition.

SLS followed statutory guidelines in disbursing N100M to Boko victims in Kano. SLS has asked that he should be sued if there is any law violated by this act.
 
The institution of Sharia in Northern Nigeria is in line with provisions in the constitution.

The creation of Hisbah at state level is not prohibited by the constitution.

How do the Northerners get away with skirting around the constitution and the West cannot?  Even Fashola, a SAN dropped the idea of creating state police  when he was told it will be in violation of the cosntitution.    How do illiterates understand the law and interprete it better than a lawyer and SAN?  Apparently there is another factor to explain this imbalance and I refuse to believ it has to do with military or political power.  The North is not anywhere as political savvy as the West.
Re: Constitution And Its Prohibitions - North Under The Microscope! by DuduNegro: 9:04pm On Feb 13, 2012
. . . oh, and add to that list the creation of
Islamic Banking which was also not prohibited by the constitution
.

Do the Northern delegation drug and get its Southern counterparts intoxicated that they fail to see the loopholes and block it when these articles of the constitution is being drafted? How do they win the "non-prohibition" argument?
Re: Constitution And Its Prohibitions - North Under The Microscope! by sheyguy: 9:07pm On Feb 13, 2012
They have such influence on us because they have the military, the judiciary, and the population advantage at all level.
Couple that with the born to rule mentality or husband against wife superiority complex Dan Fodio and Amhadu Bello passed to them, then u can easily see why they have no remorse about their evil dominance over a divided south.
Re: Constitution And Its Prohibitions - North Under The Microscope! by MeAboki(m): 10:13pm On Feb 13, 2012
^^^^I laugh in Hausa and Fulani at the same time he he he he he
What does mentality (so called born to rule, Usman Dan Fodio & Ahmadu Bello of blessed memories) have to do with the interpretation and implementation of our constitution and promulgation of local laws at state level?

@Poster:
Unfortunately, you ppl seem to believe in your much exaggerated superiority over the much underrated stereotyped gworo chewing almajiri aboki.
No be una say aboki no school, him dey now show una. No be una say aboki no sabi rule, e come carry OBJ from jail and also put GEJ for Aso Rock - so una go see with una kurukuru eye, say una own worwor pass aboki and that the so called born to rule mentality is only a myth - since aboki has shown he can voluntarily relinquish power to the south.
Make una continue living in una delusion of grandeur ooh, na una sabi, aboki marches on whistling in Hausa, Fulani, Arabic- all rolled in one wink cool
Re: Constitution And Its Prohibitions - North Under The Microscope! by DuduNegro: 3:56am On Feb 14, 2012
They have such influence on us because they have the military, the judiciary, and the population advantage at all level. Couple that with the born to rule mentality or husband against wife superiority complex Dan Fodio and Amhadu Bello passed to them, then u can easily see why they have no remorse about their evil dominance over a divided south.


grin grin My man, sit to the side for now and just observe how this discussion develops. . . hopefully you will have a better insight and response to offer later. I think you have some ideas, I want a political response, not an academic analysis. Don't respond to prove to me you went to university . . . respond and show me you are unhappy with the outcome and then how you plan on pulling the rug from underneath Hausa/Fulani.
Re: Constitution And Its Prohibitions - North Under The Microscope! by DuduNegro: 4:57am On Feb 14, 2012
I laugh in Hausa and Fulani at the same time he he he he he
What does mentality (so called born to rule, Usman Dan Fodio & Ahmadu Bello of blessed memories) have to do with the interpretation and implementation of our constitution and promulgation of local laws at state level?

I think he touched on a good point. . . I suspect this discussion will ultimately brush on that Ahmadu Bello factor as it progresses.


@Poster:
Unfortunately, you ppl seem to believe in your much exaggerated superiority over the much underrated stereotyped gworo chewing almajiri aboki.
No be una say aboki no school, him dey now show una. No be una say aboki no sabi rule, e come carry OBJ from jail and also put GEJ for Aso Rock - so una go see with una kurukuru eye, say una own worwor pass aboki and that the so called born to rule mentality is only a myth - since aboki has shown he can voluntarily relinquish power to the south.
Make una continue living in una delusion of grandeur ooh, na una sabi, aboki marches on whistling in Hausa, Fulani, Arabic- all rolled in one


There is no doubt that in the field of academic excellence Yoruba is far superior to you, it is not an exaggeration. . . .it's a fact!  Even in Islamic scholarship, the bedrock of your culture. . . since you lost your indigineity. . . .Yoruba has a far better understanding and application of the creed and doctrines than Hausa/Fulani. 

What Yoruba is guilty of is the attempt to totally eradicate all traces of the indigeneity and plug-in Eurocentric mannerisms as replacement.  It is a disaster!  It does not matter how much degrees and professional titles we acquire or how well we speak and write English than anyone else on the globe,  . . . we return to ground zero - Nigeria!  In Nigeria, raw politics gets you anywhere. . . . academic excellence does not. 

SLS may not have a phd in Physics or Political Science. . . .but no one will doubt that he is an enlightened and savvy person.  He did not get where he is because of academic excellence.  Obasanjo did not become President because of academic excellence.  Can anybody name one leader in our history who ruled or influenced our politics on account of his or her academic excellence and scholarship?   None!  We have Gej who is the first phd holder to ever rule us. . . . and it is obvious to see that his scholarship is not good to him in Aso.  Education is very very important. . . . academic scholarship is very important.  Yoruba Igbo, Hausa and everyone else, we are all in a political struggle for self-preservation in Nigeria.  There is only one practical way to accomplish preservation in this country and that's by exercising political maneuver against rival groups. . . . . you don't need to speak excellently well to champion this country.  Yoruba, unfortunately, . . . we put the priority of intellectual titles and proper spoken English ahead of political maneuvering.  That's our problem! 

With all the law degrees and knowledge of constitution and English language. . . . how is it that a Mallam Sanusi is outwitting a SAN Fashola in the creation of State police?   We have infrastructures in Lagos that may take Kano another 50 or more years to match up if they were to begin construction today and everyday going forward for the next 50yrs.  Our city look like an European city while theirs is just a plain open field of antiquty buildings and yet they have a state police and we do not. . . ,  . . .a very necessary and important measure of political voice and control in our ground zero.

For the benefit of those reading this I'm going to say something that you all need to know from this day forward, if you dont already know it.  In law, constitutional law or civil law, there is something called the "prohibition clause".  In layman's terms its called the loophole clause!   You can get around most laws using this clause.  In legal terms there is a difference between "do not" and "prohibited".   Do not cross the street is widely different from you are prohibited from crossing the street.   

Do not cross the street is interpreted as meaning that you are disallowed from exercising the right or willful desire to cross the street.

You are prohibited from crossing the street is interpreted to mean that you are disallowed from exercising the right to cross the street, and in extension. . . .nobody else can act as auxiliary right or exercise proxy right to ferry you across, ship you across, transport you across, hoist you across, wheel you across,. . . . . .  in any manner possible, you are completely and exclusively banned from crossing the street. 

Unless a law explicitly says "prohibited", then there are loopholes to work around that law.  This understanding is what the Northerners have been using to skip around laws that says "do not", "shall not", "must not".   A law can say "do not" all it wants, going forward we must find ways to exploit it and get what we want. 

So if all that a law says is "Do not cross the street", and it does not contain "prohibition". I can cross the street and not violate the law by finding someone to piggyback on and they will cross the street with me on their back. Clearly they have crossed the street and they shipped me across the street with them. The law does not say "Do not be shipped across the street". I hope there is clarity in this.

SLS has done so with so many programmes already that favor the North.  Let's put grammar and European lifestyle aside and pick up our common sense and historical root.
Re: Constitution And Its Prohibitions - North Under The Microscope! by Rhino5dm: 5:22am On Feb 14, 2012
The real catalyst working for the north is enlightenment and collectivism. Take for instance, an average northerner is much more enlightened than his southern counterparts. IMO


While growing up in the north, i used to listen to more than 12 international "stereotype" news broadcast on daily basis (BBC x3 daily, VOA x 3 daily, DW x 2 daily, RFI x 3 daily,Radio china x 2 to mention few), which are carefully selected news source or events that have directed bearing on the north. Notice how a fulani nomad or aboki shoe shiner is always glued to his world reciever. If there is a crisis situation that warrant taking off, before you blink an eye, they are all gone. While my southern peeps are left to be mimicking 2pac and BIG shocked .

So resolution and decision making process is a very simple task in the north, not as uphill as in the south with alot of "dogon turanci" i.e big big grammer. All it takes for a massage to be circulated is just a BBC/VOA/DW/RFI broadcast.

Secondly, Religous orientation and perspective is another plus/minus to what we are seeing today, cos Islamic/christain scholars in the north normally exploit and hervest the ignorance of their average followers by passing unto them laws or rules like "10 commandments" with little or no resistance, even when the rules are strictly against teachings of their respective faiths. "Don't ask, Don't tell"!!


Before we even go further, why do we have Northern governors forum, even with the much touted division between middle belt and core north? I told a friend that this crack between the middle belt and core north is just a smoke screen and Waku did not disappoint me with his comment on Boko Haram and Igbos.


Lastly,
Majority of southern leaders have the perception of going to extra lenght in trying please the north, they tends to over look things and allow the north to have their ways. Obj, Gej are typical example of goats.
Re: Constitution And Its Prohibitions - North Under The Microscope! by DuduNegro: 6:47am On Feb 14, 2012
The real catalyst working for the north is enlightenment and collectivism. Take for instance, an average northerner is much more enlightened than his southern counterparts. IMO

Rhino,

I read everything you said and this statement above summarizes it. On enlightenement, what is the source stream of their insight? What is it in their society and culture and lifestyle from which this wisdom is indoctrinated into the spirit? In other words, something in the society itself,. . . . a value point of some sort, is informing this desire to acquire wisdom. What is that something of value?
Re: Constitution And Its Prohibitions - North Under The Microscope! by kunlekunle: 7:05am On Feb 14, 2012
you cant separate your future from the past.
your past is the foundation of your live, then you build on it.
Historically the south had been decieved for 100 years, but there is a better tommorow.
the north is living in the shadows of lugard that created the shakles on the south.
Time up.

the educated north
From Lugard's papers, were letters in Hausa showing the warm relationship
between the Emirs and Lugard. Examples demonstrate the difference between
the North and South. Some of these letters are:


SHEHU OF BORNO:

"Letter from the slave of God, to our good helper, our prop, the solver of
our difficulties, the one who carries our heavy burdens, Governor Lugard
with salutations more scented than the musk perfume and sweeter than honey.
May God prolong your life, the keeper of those who keep others."

EMIR OF BIDA:

"Sent, salutations and goodwill shining bright as do the planets and
constant as their light as the return of morn and eve, Oh! My Chief, my
Leader, we ask God to prolong your life in prosperity and health. My present
to you is a sword in a silver scabbard and two gowns."

EMIR OF YOLA:

"To the Deputy of the King of England, the governor, who holds all our
country in his and rules it all. A thousand salutations and fealty and
homage repeated."

EMIR OF JAMA:

"I and my people, all of us, will not refrain from praying for you morning
and evening, I told my people to rejoice at your safe return. We rode our
horses and raced. I read your letter morning and evening and it makes me
very happy."

EMIR OF NUPE:

"Many beautiful salutations, a clean love, my present to you is two
turkeys, I package of plantains and I of limes."
Re: Constitution And Its Prohibitions - North Under The Microscope! by kunlekunle: 7:12am On Feb 14, 2012
the amalgamation was created cos the north could not sustain itself.
the north was a burden on british government, so the remedy was the south.





"Lord Harcourt went to the House of Commons on June 27, 1913 after receiving
Lugard's report on his tour of the North and the South and announced the new
British government policy of two Nigerias. According to Lord Harcourt,
unification of Nigeria demanded both "a method" and "a man." The man was to
be Lord Lugard and the method was to be the marriage of the two entities.
According to Lord Harcourt:
"We have released Northern Nigeria from the leading strings of the Treasury.
The promising and well conducted youth is now on an allowance on his own and
is about to effect an alliance with a southern lady of means. I have issued
the special licence and Sir Frederick Lugard will perform the ceremony. May
the union be fruitful and the couple constant. (Italics mine)" We have released Northern Nigeria from the leading strings of the Treasury.
The promising and well conducted youth is now on an allowance on his own and
is about to effect an alliance with a southern lady of means. I have issued
the special licence and Sir Frederick Lugard will perform the ceremony. May
the union be fruitful and the couple constant
Re: Constitution And Its Prohibitions - North Under The Microscope! by russellino: 7:19am On Feb 14, 2012
Under the constitution , nigeria is a secular state. Obasanjo's hands were tied when zamfara and the rest started adopting sharia law because the northern establishment had just sprung him from jail to the palace. The obj of 2003 would never have stood for that crap. There have always been sharia courts for whoever wanted to subjected to sharia law
Re: Constitution And Its Prohibitions - North Under The Microscope! by ektbear: 7:49am On Feb 14, 2012
At a minimum, I want state police. I don't see why Kano is allowed to have Hisbah police to enforce the law and southern states should be denied this.
Re: Constitution And Its Prohibitions - North Under The Microscope! by DuduNegro: 7:52am On Feb 14, 2012
the educated north
From Lugard's papers, were letters in Hausa showing the warm relationship
between the Emirs and Lugard. Examples demonstrate the difference between
the North and South. Some of these letters are:


SHEHU OF BORNO:

"Letter from the slave of God,  to our good helper, our prop, the solver of
our difficulties, the one who carries our heavy burdens, Governor Lugard
with salutations more scented than the musk perfume and sweeter than honey.
May God prolong your life, the keeper of those who keep others."

EMIR OF BIDA:

"Sent,  salutations and goodwill shining bright as do the planets and
constant as their light as the return of morn and eve, Oh! My Chief, my
Leader, we ask God to prolong your life in prosperity and health. My present
to you is a sword in a silver scabbard and two gowns."

EMIR OF YOLA:

"To the Deputy of the King of England, the governor, who holds all our
country in his and rules it all. A thousand salutations and fealty and
homage repeated."

EMIR OF JAMA:

"I and my people, all of us, will not refrain from praying for you morning
and evening,  I told my people to rejoice at your safe return. We rode our
horses and raced. I read your letter morning and evening and it makes me
very happy."

EMIR OF NUPE:

"Many beautiful salutations, a clean love,  my present to you is two
turkeys, I package of plantains and I of limes."

Kunle,

I want first to comment on these letters and put them to rest.  Have you seen a letter template used in the South by British around the same time as these Northern letters?   Please follow this link and see just one with Itsekiri people.  This template letter is used over and over with different land owners, only the names on the document change.  

http://waado.org/UrhoboHistory/NigerDelta/ColonialTreaties/ItsekiriTreaties/1884Treaty.html

1. At this time in our contact with the British the Emirs were either writing in Hausa and or Arabic, but definitely not in English.  So there had to be a middle person doing some interpretation.  I can imagine how that would go.  

2. If the Hausa or Arabic was translated into English in the way you have reproduced it, then the interpretation rendered most of the meaning and intent in the original letter and gave a new but imbalanced meaning and intent to them.

3. This letter glorifies the White man and his land as the savior and sustainer of the Emirates.  That is 'shirk" in Islam. . . a blasphemy and unbelief to assign attributes reserved for God to any mankind.

So looking at the three points, the letters are bogus and are composed with an agenda to further weaken the Emirate under the British influence.  Knowing the general practice of colonial Britain to issue forged letters and signatures purportedly drafted and signed by the native Chiefs and Kings I will not give any credibility to the authenticity and authorship of these letters beside that it has the name of the Emirates on them.
Re: Constitution And Its Prohibitions - North Under The Microscope! by Ufeolorun(m): 8:00am On Feb 14, 2012
You can easily force your beliefs and decision on someone/people who is/are not enlightened and even call a dog a baboon and they would believe but people who have been used to participatory decision making process will never allow such, they will always ask questions .In short collectivism becomes easier in a feudal society.

A Fashola would normally rationalise decision but decisions spurred by religious ideology aren't always rational hence its easy to setup Hisbah to kiss up to fanatics than to set up state police to protect people.

I think people give too much credit to Northern politicians by this constant talk of 'Born to rule' and this is why Me_ Aboki could engage in subtle chest beating above.Goodluck jonathan an ordinary political neophyte usurped an agreed political order and all the northern establishment could come up with in response were empty threats and bloviating.If Jonathan with no strong political machinery or history did successfully, any political-savviness ascribed to Northern politicians is just mere sweet talk.
Re: Constitution And Its Prohibitions - North Under The Microscope! by DuduNegro: 8:04am On Feb 14, 2012
the amalgamation was created  cos the north could not sustain itself.
the north was a burden on british government, so the remedy was the south.

What happened to them before Lugard. . . how did they sustain their land for centuries before white man showed up with the purse strings of treasury?  

The history of the land did not start when white man settled here.  There are two accounts of history, the white man's and the native's.  Never forget that!   We are lost because we ridicule the native's account as unreliable oral myths but then we celebrate the white man's as the authentic and credible account of who we are.
Re: Constitution And Its Prohibitions - North Under The Microscope! by DuduNegro: 8:12am On Feb 14, 2012
Under the constitution , nigeria is a secular state.


Good! So, russellino, under this constitution do the articles "prohibit" any state from adopting , wholesale, a religious belief for itself and ithe people of that state? What does constitution say about religious faith at state level?
Re: Constitution And Its Prohibitions - North Under The Microscope! by DuduNegro: 8:19am On Feb 14, 2012
At a minimum, I want state police. I don't see why Kano is allowed to have Hisbah police to enforce the law and southern states should be denied this.

ekt_, the Southern states wait to be permitted. . . . we wait for approval and to be "allowed". The Northern states "act" and dare to be denied. smiley

Who is the authority that approves one and denies other and what is the legitimacy of this authority?
Re: Constitution And Its Prohibitions - North Under The Microscope! by DuduNegro: 8:40am On Feb 14, 2012
You can easily force your beliefs and decision on someone/people who is/are not enlightened and even call a dog a baboon and they would believe but people who have been used to participatory decision making process will never allow such, they will always ask questions .In short collectivism becomes easier in a feudal society.

I think people give too much credit to Northern politicians by this constant talk of 'Born to rule' and this is why Me_ Aboki could engage in subtle chest beating above.Goodluck jonathan an ordinary political neophyte usurped an agreed political order and all the northern establishment could come up with in response were empty threats and bloviating.If Jonathan with no strong political machinery or history did successfully, any political-savviness ascribed to Northern politicians is just mere sweet talk.

Individually Me_Aboki has no power, he could be a pauper, a roadside shoe shiner (for illustration, not saying you are one). . . but under the Northern umbrella, he acquires a collateral power that now elevates his hierarchy and access to corridors of power above that of a Professor in the South. The collectivism is the reward. . . .there is a cost to it. What is that cost?

A Fashola would normally rationalise decision but decisions spurred by religious ideology aren't always rational hence its easy to setup Hisbah to kiss up to fanatics than to set up state police to protect people.

. . . . professional temperament! We are talking about Nigeria, not UK or US. Rational or not rational, hisbah or no hisbah, we need state police in West. Not because they have it in North. . . .that is subjective, but rather because the culture of our society in West is one that is not ideally compatible and harmonious to the principles and policies of the NPF. We once had law enforcement on our land before white man set foot in it. We need it resurrected to meet the needs of our society and its people.
Re: Constitution And Its Prohibitions - North Under The Microscope! by kunlekunle: 10:10am On Feb 14, 2012
"We have released Northern Nigeria from the leading strings of the Treasury.
statement of lord harcourt the sec gen of nigeria


So looking at the three points, the letters are bogus and are composed with an agenda to further weaken the Emirate under the British influence.

you need to realise that the salutations came from lugards memoir on nigeria.
if he lied then the creation of nigeria is ??

you need to realise that these statements are not prefabs.
Authentic.
Re: Constitution And Its Prohibitions - North Under The Microscope! by kunlekunle: 10:21am On Feb 14, 2012
Lastly,
Majority of southern leaders have the perception of going to extra lenght in trying please the north, they tends to over look things and allow the north to have their ways. Obj, Gej are typical example of goats.


you are damn right on that, the whole south is ignorant of the false union nigeria.
until that name is changed or the history rewritten, we cant resolve the problem at hand.
Re: Constitution And Its Prohibitions - North Under The Microscope! by tashanja(m): 10:54am On Feb 14, 2012
deleted
Re: Constitution And Its Prohibitions - North Under The Microscope! by kunlekunle: 10:55am On Feb 14, 2012
Reason for creating the union (false marriage)

the reason for the decision of the British Government to amalgamate the two incompatible territories was purely financial or economic. The Northern Protectorate was not economically viable. It had become a great drain on the British tax payer


the north's position on nigeria
according to Lord Harcourt, the British Colonial Secretary, unification of Nigeria demanded both "method" and "a man". The man was to be Lord Lugard and the method was to be the "marriage" of the two entities. According to Lord Harcourt

the north's mind
Thus, in this "marriage", the North, right from the beginning, was to be "man" and "husband" and the South, the "woman" and "wife".

why they bahave so

It was a deadly serious matter, with the game plan being to bring the two parties together in order to give the North political power over the South and permanent control over Southern resources


In the England of the time of Lord Harcourt, married woman had no independent existence outside their marriage. All the women's property and resources automatically became the husbands'. The woman could not enter into a contract in her own right. Her husband had to conclude all her contracts on her behalf.


Lord Harcourt had the Common Law position in mind when he decided to marry the young man without means, to the young lady of means.


why we are where we are
The Northern politicians understood the plan perfectly and have implemented it faithfully and fervently since then. They are well focused on how to cling to power, for they know that that is the route to Southern resources. How have they retained power? The formula has been an amazingly simple one: Control of the Army and manipulation of the Census figures. All this, combined with help from British Administrators of Nigeria right up till independence, have assured the North of permanent political power and control of Southern resources[b][/b]
Re: Constitution And Its Prohibitions - North Under The Microscope! by Nobody: 10:56am On Feb 14, 2012
Negro_ntn , why change your name?

I think we will have to agree that Nigerian constitution if slightly adjusted will be the best,   Current one adjusted, and further provisions provided.

Nigeria is a prisoner of law as philosophers call nations expecting the Law be it's own redemption. In the Nigerian constitution there is a clause in the constitution that says no state should accept any religion as state religion and that should any Law contradict the constitution, the constitution shall prevail,

But we haven't drawn the line for contradiction in this mess,  The constitution allows freedom of religion and makes no boundary for religious Laws,  Since this is the case, Law itself is trapped and cannot create that boundary within it's own powers,  Adjusting a clause could cause constitutional collapse which we are experiencing because of boundary with right to freedom and right of the government,

Right of the government in the sense that, An individual has more chances of winning when the case becomes a case of freedom than the government does which is mostly good. But what happens when the government is fighting on behalf of the people and still loses? That is a precursor to constitutional collapse. In fact, our constitution provides for freedom of association and religious freedom is well provided for but the truth is this clauses if properly manipulated will allow many evils to be done,

The problem with so called positive freedom is dat it can be used as a safehouse for negative freedom,  Nigeria is a prisoner of Law and that's a big problem,   A really big one because since we are a prisoner of this constitution, morals will become the new constitution. Let's be clear, there is good and bad moral but Law is Law and must be good for the citizenry by LAW. When moral becomes the new constitution, different morals clashes and we all know the result. Law is already separated from morals in nations serious about enlightening their citizens,  Moral is the reason for many abuses in Law and is often the devil not allowing Law to pass,

Think of Law and Morals as two very distinct ideology yet interdependent. Law is decided Once by Moral and after that Law should be on it's own. Now, moral wants is to be there forever but with Law being independent from moral, morals in the judicial sense can't live long as Law will now be the guide of morals but moral wants to be godfather of Law and tell law what to do,  That is where the bigger Law breaching morals comes in and this law breaching morals often in the name of  moral encroach on the citizen's rights as moral is not universal but Law is. This is where Sharia case comes,


Enough with my essay, none will read it anyways,  Where is Ileke Idi?
Re: Constitution And Its Prohibitions - North Under The Microscope! by Ufeolorun(m): 11:57am On Feb 14, 2012
Dudu_Negro:

Individually Me_Aboki has no power, he could be a pauper, a roadside shoe shiner  (for illustration, not saying you are one). . . but under the Northern umbrella, he acquires a collateral power that now elevates his hierarchy and access to corridors of power above that of a Professor in the South.  The collectivism is the reward. . . .there is a cost to it.  What is that cost?
My point is I don't admire the so called northern collectivism imposed by un -enlightenment and deliberate denial of education to ordinary people,you want Almajiri system in the west? It will be the cost.

Educated Nigerians are typically out of touch,give a Nigerian Uni. degree and he's likely start feeling better than the society which the acquired education is actually meant to improve and support. My point, even in the south education doesn't really mean much in politics cos a lot of educated people seem/act politically disconnected. How educated is MC Oluomo or late Adedibu?

Summary;
Northern collectivism isn't the result of political savviness but feudalism.
Education doesn't necessarily bestow political advantage on anyone,a professor is also likely to be irrelevant politically  in the south too.
Re: Constitution And Its Prohibitions - North Under The Microscope! by DuduNegro: 11:15pm On Feb 14, 2012
Negro_ntn , why change your name?

Negro_Ntns is still alive but was restricted few days ago and I registered the name which Im using now.  Negro_Ntns will be back soon.   grin


I think we will have to agree that Nigerian constitution if slightly adjusted will be the best,   Current one adjusted, and further provisions provided.

I am not a supporter of changing the constitution everytime there is need to plug holes in our social inefficiencies or under each Presidential regime.  Dynamic improvements in the social order should be addressed through the legislature.  We can have a standing 30yr review schedule in which we visit the articles of the constitution and assess their validity and coverage for the 3 arms of govt as well for the states, the local govts and the citizenry as a whole.  Deficiencies in the society are hindrances to the livelihood of citizens. . . . the people interest is congregated as a power in the position of the person, he/she,  that represent them in House of Assembly.  If we turn the constitution into a process document for guiding daily demands of living and interaction then it looses its power to be effective and becomes a cheap and worthless document because its authority and the intimacy which ordinarily should be distant has been disrespected and abused by too frequent references and cycle of amendments. 


Nigeria is a prisoner of law as philosophers call nations expecting the Law be it's own redemption.
 
Precisely!  Historically and traditionally our people have a social hierarchy headed by a Monarch. The King/Queen is assisted by a chain of command configured in a check and balance arrangement so as to protect the interest, safety and voice of the ordinary citizen against the intoxication of power from above.  This safety-net  is put in place and nobody is above the law to abuse it without a penalty.  What it means is that before white man came to our land we respected and protected the ordinary and poor citizen against the tyranny of power from the King.  In fact in Yoruba land some Kings lost their lives simply for trampling on the rights of the citizens.  Our constitution was the land and its power was vested in the Ogboni Order.   

When white man arrived on the soil, they diluted this arrangement and deflated the authority of the Monarch and the check and balance system.  They introduced written documents and a court system. So now you have a contract written and when violated you go to court and seek redress.  We were rapidly educated to administer these new arrangements.  So an aggrieved citizen goes to court to get justice and instead of talking to his/her own people who understand the law of the land and are in better position to give a fair disposition. . . . he is talking to a stranger who is using the law of a foreign land to adjudicate justice for a native soil.  Not only that, the stranger leading the court proceeding is unfamiliar with the culture and sentiments and so a gathering that under the traditional system would naturally give abundance to warm feelings is now conducted with cold and distance.  Instead of promoting and repairing relations our court system focuses on winning!  The outcome of a win-lose verdict is always humiliating and more coldness and enmity is generated.   

You are very correct, we have turned away from getting self-redemption and healing in one another and embraced legal documents to fix and heal us. 


In the Nigerian constitution there is a clause in the constitution that says no state should accept any religion as state religion and that should any Law contradict the constitution, the constitution shall prevail,
But we haven't drawn the line for contradiction in this mess,  The constitution allows freedom of religion and makes no boundary for religious Laws,  Since this is the case, Law itself is trapped and cannot create that boundary within it's own powers,  Adjusting a clause could cause constitutional collapse which we are experiencing because of boundary with right to freedom and right of the government. Right of the government in the sense that, An individual has more chances of winning when the case becomes a case of freedom than the government does which is mostly good. But what happens when the government is fighting on behalf of the people and still loses? That is a precursor to constitutional collapse. In fact, our constitution provides for freedom of association and religious freedom is well provided for but the truth is this clauses if properly manipulated will allow many evils to be done,

Hahahaha. . . , I like your observation!   The constitution says what states cannot do but then, it turns around and say you are not prohibited from doing what is best for your people.  The interpretation is this:  Kano State Governor cannot impose a religion on the people of the State but if the people, through a referendum, declare a religious preference and choice, then Kano State cannot stop or deny them the choice.  If the people say they want Sharia, then the State must budget money to provide and support the practice of Sharia. 

If people in Osun decide they want Ifa as State religion, then the State Executive must budget money and put programs and support structures in place to make it a realization. 
On the issue of constitutional collapse, your observation will tie in to my remarks on understanding the proper function of the constitution as a reform document, and not misusing it to address ordinary civil issues that can be better addressed in a court of law or even in the house of assembly.  The constitution must be honored and the laws must be honored.  Law collapses first when the vulnerabilities and weakness of the ordinary citizen is not shielded from the abuse and exploits of a powerful prey.  When the civil law is no longer sufficient to protect, then citizens go to a higher law (constitution) for redress on the lower one (civil).  When constant meddling and reviews and changes are introduced into the higher law each time a regime comes in power. . . . then its authority, independence and credibility comes into question, and rightly so!


The problem with so called positive freedom is dat it can be used as a safehouse for negative freedom,  Nigeria is a prisoner of Law and that's a big problem,   A really big one because since we are a prisoner of this constitution, morals will become the new constitution. Let's be clear, there is good and bad moral but Law is Law and must be good for the citizenry by LAW. When moral becomes the new constitution, different morals clashes and we all know the result. Law is already separated from morals in nations serious about enlightening their citizens,  Moral is the reason for many abuses in Law and is often the devil not allowing Law to pass,
Then bring back the law of the land!  Ogboni Order is still present in Yoruba land and we should designate their authority for enforcing laws. . . . laws of the land that is, not statutory civil laws!  Hausas and Igbos living in Yorubaland will have to conform, like Yorubas must do, to the laws of the land.  This way, the morals and the protections are transparent and the ordinary citizen, regardless of tribe or background is protected. . . . not just from powers above but also from wickedness at peer level.

Think of Law and Morals as two very distinct ideology yet interdependent. Law is decided Once by Moral and after that Law should be on it's own. Now, moral wants is to be there forever but with Law being independent from moral, morals in the judicial sense can't live long as Law will now be the guide of morals but moral wants to be godfather of Law and tell law what to do,  That is where the bigger Law breaching morals comes in and this law breaching morals often in the name of  moral encroach on the citizen's rights as moral is not universal but Law is. This is where Sharia case come.


The native laws of the land protect on both front.  The needs and interests of mankind is one and in harmony with mother earth’s resourcefulness.  There is no conflict between a law of contract on land or business or trading or money loan or marriage or death or divorce., etc, . . . .and the law of the land (or moral as you put it).


Where is Ileke Idi?

I run into her every once and infrequent.  I wonder if she has a new name she's using.   

Illeeeekeeeeeeeee. . . . . oko e n’pe  e o  grin   9ja, She will show up shortly.
Re: Constitution And Its Prohibitions - North Under The Microscope! by DuduNegro: 12:09am On Feb 15, 2012
“It is pertinent, at this juncture, to inform you that the title of “Eze Ndi-Igbo” which is registered with the CAC, Abuja, remains intact. Anybody who tries to jettison the appellation without the consent of its members challenges the constitution of the Federal Republic of Nigeria.

9JA,
Above is a good example of the daily abuse and misuse of the powers of constitution by those who claim to be educated and intelligent. What does the constitution of the FRN have to do with a registered tribal title that is not universally accepted and embraced by the natives of the tribe itself? The constitution is a caricature.
Re: Constitution And Its Prohibitions - North Under The Microscope! by Nobody: 12:17am On Feb 15, 2012
Subscribing.
Re: Constitution And Its Prohibitions - North Under The Microscope! by DuduNegro: 3:19am On Feb 15, 2012
Subscription is registered!  wink


I am reading articles about calls for SNC and the need to  review and update 1999 Constitution.  A thought came to my head.  Instead of SNC, how about if each region that is dissatisfied in Nigeria and desire to go their own way recall their NASS members to return home as a protest against the FG? 

If that were to happen, it means West, South South and East will recall.  Middle Belt and North will probably not.  But for sake of argument, lets's say even Middle Belt do a recall.  So then what? 

In order for the NASS to form a quorom and hold business or pass law or debate any business there must be 1/3 member in attendance and present.  We have 36 States and FCT, which is also represented, totaling 37 representation.  Here they are:

1.Abuja
2.Anambra
3.Enugu
4.Akwa Ibom
5.Adamawa
6.Abia
7.Bauchi
8.Bayelsa
9.Benue
10.Borno
11.Cross River
12.Delta
13.Ebonyi
14.Edo
15.Ekiti
16.Gombe
17.Imo
18.Jigawa
19.Kaduna
20.Kano
21.Katsina
22.Kebbi
23.Kogi
24.Kwara
25.Lagos
26.Nasarawa
27.Niger
28.Ogun
29.Ondo
30.Osun
31.Oyo
32.Plateau
33.Rivers
34.Sokoto
35.Taraba
36.Yobe
37.Zamfara


Can somebody help me to put them into their various regions please, it's hard nowadays for me to tell if Lagos is East or not. . . . or if Kano is North or South. 

I will wait for someone to put these states in their various regions then I want to share something.  A very important information that you all need to have handy as we go into SNC or if we review and update Constitution.  The Southerners have been bamboozled by their Northern counterparts and you will see.  We ought to gather all our delegates at the last constitution drafting and execute them!  What were they thinking?
Re: Constitution And Its Prohibitions - North Under The Microscope! by nduchucks: 4:45am On Feb 15, 2012
ekt_bear:

At a minimum, I want state police. I don't see why Kano is allowed to have Hisbah police to enforce the law and southern states should be denied this.

hehehe, methinks you will have Hisbah police in Oyo, Lagos, or Ekiti, before state police. There are more Muslims who believe in the Sharīʿah way of life in the mentioned states than those who believe in State Police.
Re: Constitution And Its Prohibitions - North Under The Microscope! by ektbear: 5:29am On Feb 15, 2012
I personally don't know much about the religious demographics of Oyo and Lagos.

However, Ekiti is probably 95%+ Christian or traditional religion, and thus would have pretty much zero interest in Hisbah police, Sharia law, etc.

However, state police I believe would be very much welcome not only in Ekiti, but in the SW more generally.

Certainly, I have not heard of many who oppose it.
Re: Constitution And Its Prohibitions - North Under The Microscope! by DuduNegro: 5:57am On Feb 15, 2012
Hisb. . .wetin? cheesy God forbid bad thing! I'd retain NPF before I vote for hisbah to enforce law on Yoruba soil. ahh, hisbah in Yorubaland. . . .thats the end of owanbe! grin
Re: Constitution And Its Prohibitions - North Under The Microscope! by nduchucks: 6:13am On Feb 15, 2012
Dudu_Negro:

Hisb. . .wetin? cheesy God forbid bad thing! I'd retain NPF before I vote for hisbah to enforce law on Yoruba soil. ahh, hisbah in Yorubaland. . . .thats the end of owanbe! grin

Fashola, Fayemi, and other SW governors are already talking about SW integration. Note that there are more Muslims in the SW than any other religion and these Muslims prefer Shariah as a way of life, as opposed to the extremism which is typically associated with Shariah. You may very well end up with a SW with Shariah and Hisbah police unless you people are only paying lip service to democracy. I dey laugh o.

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