Befulfilled:
The court now determines what law the national assembly should make?

As in... Real time joker

Nigeria doesn't even have a Judiciary

The good one that the British left us went to the dogs long ago

What Nigeria now has is a Legal Circus

Themandator:




https://www.mondaq.com/nigeria/constitutional-administrative-law/1169476/federal-high-court-declares-the-0005-police-trust-fund-levy-imposed-on-the-net-profit-of-companies-in-nigeria-unconstitutional

Done with you. Bye.

Befulfilled:
The court now determines what law the national assembly should make?

The court duty is to defend the constitution and prevent infractions of the constitution. The court has power to void anything contrary to the constitution no matter from whom such emanates. Until the house alter the constitution, the court has power to void anything contrary.

Confusion everywhere!!!
The Country of confusionists
The Legislature makes laws
The Judiciary interprets the law
The Executive carries out the law.
Now why Judiciary is expunging a section of the law ?
I don't understand it again.
Confusion everywhere

Political desperados on the run.

Wike take it up from here to the appeal court

Good ! Major constitutional crisies loading.... Decades past such crisies have redound to the good of the public.... Waiting times loading.

Good ! Major constitutional crisies loading.... Decades past such crisies have redound to the good of the public.... Waiting times !!

What really is Federal Government interest in section 84 of the electoral law ?

Constitution talks of general election,electoral law only talks about party elections!

Malami is a total disaster!

Personal ambition above national interest.

Shame on Buhari,the mumu nepotist president.

Militant30:
Let's see appeal court will say in regards to this.

Nobody is appealing it. Are you expecting Malamu to appeal against himself?

You're olodo, INEC is just like a referee or umpire in a game. A referee or umpire doesn't play game but only apply rules to control game. An appointee is not an umpire and doesn't dictate how election will run. How will you disenfranchise them just because they are appointees of government, that's outright nonsense. Appointees should not vote and the voted for but the elected (president, vice president, senators, house of reps, governors, deputy governors, house of assembly members) can stay in their positions and still vote and also be voted for. Where lies the justice and equity in the law. They are even the one that wield more power than those disenfranchised.

MadamExcellency:
Are foreigners voted for in Nigeria?

The freedom to vote and be voted for is a universal convention. However, the are varying conditions where a person is denied the right as defined by laws passed by the State.

In USA, felons don't vote in some States while in some others, the law permits them after certain conditions are met. There is no court that have imposed unconditional voting right except this inglorious court in Nigeria.

The law must stand. This law is not different from the law that stipulates, "no INEC Official shall be a card-carrying member of a political party"

So what actually happened here?

Some unknown person went to chour to challenge the law.

Who was the defendant? Malami

What is Malam's opinion on the Law? That is in the public domain. He is opposed to the ;aw
Some claim he wants to be governor and so has an interest .

So what kind of defence did he put up in court? Probably None .

This on an issue where he potentially has a conflict of interest
It stinks

PassingShot:

Because the law contradicts a constitutional provision. And such law cannot stand since the constitution is SUPREME to any other laws of the land. The Electoral Act is inferior to the constitution if there's a clash in their provisions.

Can convicted felons vote and be voted for? Can INEC officials vote and be voted for?

chiefolododo:
What power then does the national assembly have? Does that mean a political appointee has more power than the whole of the national assembly?


I consider this judgement a yahoo-yahoo type

What the judge is pointing out is that the section in the Electoral Act is conflicting with the Constitution which already prescribes 30 days for resignation. Thus it is illegal as the Constitution is the supreme law of the land. However, one may argue that the section does not negate it. A counter-argument is that you cannot legislate what has been legislated upon.

Wisfem:





Good that's it a single person or even four persons as the case may Be now determines the faith of about 250m people, invalidating the representatives
It's a pity !!!!

Pls don’t call those idiots n the National Assembly representatives , they are all there for themselves

jyz200:
Law
Nigeria constitution is just contradictory
Legislators make law
Judiciary interprete it
Why is judiciary asking executive to delete a law made by the legislature
Over to our amiable Nairaland San and barrister

Because it is conflict with the provisions of the constitution.

Who was the applicant and who was sued (defendant) in the case?

caracas:

Pls don’t call those idiots n the National Assembly representatives , they are all there for themselves

Because they put themselves there by themselves?

MMWandali:
Who was the applicant and who was sued in the case?

Very good question.

Befulfilled:
The court now determines what law the national assembly should make?

The national assembly is trying to bring in confusion into this.

Read that part in the constitution and then ask yourself what the national assembly is trying to achieve.

Befulfilled:
The court now determines what law the national assembly should make?

Checks and balances, fella.

Cos the legislature makes law they will now make anyhow law. It's the duty of the judiciary to school the legislature,and dats what just happened. The other law quoted by the judge was made by who?

jyz200:
Law
Nigeria constitution is just contradictory
Legislators make law
Judiciary interprete it
Why is judiciary asking executive to delete a law made by the legislature
Over to our amiable Nairaland San and barrister

caracas:

Pls don’t call those idiots n the National Assembly representatives , they are all there for themselves

I agree with you but we are speaking on theoretical democracy not pragmatic one as the case implies.. That statement were for those who practice functioning democracy ...

Nonsense judgment.

Note that ...

Section 84(12) of the Electoral Act 2022 prohibits political appointees from being voting delegates, or be voted for, as to be notiminated as candidate in any election at a convention or congress of any political party.

It states, "No political appointee at any level shall be a voting delegate or be voted for at the Convention of Congress of any political party for the purpose of the nomination of candidates for any election."

Therefore, this section disenfranchised political appointees in this respect. However, it is argued that this violates the provisions of the Constitution of the Federal Republic of Nigeria 1999 (as amended).

Section 42 of the Constitution guarantees freedom from discrimination. Moreover, Section 77 of the constitution guarantees the Freedom of a Nigerian citizen, residing in Nigeria, who is more than 18 years, to be elected into a legislative house. See also, section 7(4) of the Constitution.

Notably, section 66 (1)(f) of the 1999 Constitutions provides that a person serving in a public service can be disqualified from election if he doesn't resign thirty days before the election into the National Assembly.


So, constitutionally speaking, the law may not hold water. But we must also be progressive in democracy, shouldn't we?

EVEN IF NASS MEMBERS KNOW NOTHING ABT LAW & NIGERIAN CONSTITUTION,SOME WELL QUALIFIED LAWYERS ARE AIDES TO THE LEADERS!WHY WAS THIS NOT DETECTED BY THEM?

HRMK:
EVEN IF NASS MEMBERS KNOW NOTHING ABT LAW & NIGERIAN CONSTITUTION,SOME WELL QUALIFIED LAWYERS ARE AIDES TO THE LEADERS!WHY WAS THIS NOT DETECTED BY THEM?

The law is not that watertight. That is why the court is always there.

Princiology:
Note that ...

Section 84(12) of the Electoral Act 2022 prohibits political appointees from being voting delegates, or be voted for, as to be notiminated as candidate in any election at a convention or congress of any political party.

It states, "No political appointee at any level shall be a voting delegate or be voted for at the Convention of Congress of any political party for the purpose of the nomination of candidates for any election."

Therefore, this section disenfranchised political appointees in this respect. However, it is argued that this violates the provisions of the Constitution of the Federal Republic of Nigeria 1999 (as amended).

Section 42 of the Constitution guarantees freedom from discrimination. Moreover, Section 77 of the constitution guarantees the Freedom of a Nigerian citizen, residing in Nigeria, who is more than 18 years, to be elected into a legislative house. See also, section 7(4) of the Constitution.

Notably, section 66 (1)(f) of the 1999 Constitutions provides that a person serving in a public service can be disqualified from election if he doesn't resign thirty days before the election into the National Assembly.


So, constitutionally speaking, the law may not hold water. But we must also be progressive in democracy, shouldn't we?

Comparing the Electoral act and the Constitution there is no Contradiction here at all.

Electoral Act says Political Appointee. Which will mean Ministers, SSGs, Commissioners, COS, special Advicers. Any appointment that was made by the Current running Government.

While the Constitution says Public Service. This will mean Civil Servants, Police officers, Military and Paramilitary Officers, Judges, Magistrates, clerks and staff of the National Assembly. These are Career Government officials still in Service, that are expected to serve for 35 years and retire at age 65, which ever comes first..

The Judge has erred and should be Sanctioned for allowing herself to be used.

The Danger here is that any Executive who does not like an act, can simply delete it by ordinary Pronouncement of a Confused Judge.

Section 77 of the Constitution which serves for right to elect and be elected, does not stand for convicted Felons, there fore a gap has been created, implying that the section can not be applied for every body. And in these instance Political Appointees.

These clowns in Government thinks everything is a Joke

Its seems our judicial system no longer has a jurisdiction.

You cannot delet the law made by the legislature oga judiciary, you can only interpret it.

Know your place you rubber stamp judiciary.

yemmit90:


Interpretation of law only compelled judicial to follow what is in the constitution (law of the land) made by representatives of people in delivering a judgement.

The only people with power to make or nullified a law after it has been assented to by executive/president are law makers or through plebiscite.

Continue in naivety. The courts will interpret the law and if they declare a part of it inconsistent with the constitution, it automatically means it cannot be enforced.

A law that cannot be enforced is null and void and of no effect whatsoever. No one can claim a right or injury from the so called law. No court will honour it once it has been declared so up to the highest court of the land.

The legislature cannot enforce the law by themselves, heck they cannot even interprete the law they made by themselves.

ManirBK:


https://www.channelstv.com/2022/03/18/breaking-court-orders-agf-to-remove-section-8412-from-electoral-act/

apc drunkards, still on the show of shit shame