Internal Deportation Of Nigerian Citizens: Is it Constitutional/legal

Can the victims go to court

I need answers pls.


Note:No fighting oo
Mods! No try tamper with my thread ooh!!!

It's not deportation it is called relocation. relocation of citizens is legal.

Arosa: It's not deportation it is called relocation. relocation of citizens is legal.

You mean an assault on the fundamental rights of Nigerians is legal

Please add State sponsored kidnapping, and force detention in camps - whether labour or skill acquisition camps.


My answer is NO (in caps/bold).

re-integration?

I wound imagine someone would have sued and won a case if it weren't ..

They don't seem to be any law in nigeria.Judges and magistrates detain suspects indefinitely for no proven offense and the hired suspects lawyers are never able to question and prove them wrong.

Pygru:
You mean an assault on the fundamental rights of Nigerians is legal

Are we talking about destitute that were relocated to their place of origin? destitution is not a fundamental human right, it's a nuisance to society.

It is not Constitutional but a 'Doctrine of Necessity'.

Arosa:

Are we talking about destitutes that were relocated to their place of origin? destitutions is not a fundamental human right it's a nuisance to society.

In a rational situation a destitute who is not involve in crime has a better right to move freely in lagos than say political criminals like Tinubu.It is not crime to be utterly poor in one's country,but an immortal crime for the socalled government to neglect the weak and vulnerable

Well, that's a tough question.
If you want to go by the clear letter and spirit of the constitution, that is patently unconsitutional. Actually, the very egregious practise of "state of origin" which is used by all the states is patently unconstitutional. The last time the Nigerian Consitution expressly allowed discrimination based on place of origin was in the 1963 Consitution.
Based on that same reading of the Constitution though, it is unconstitutional for Peter Obi to be governor of Anambra State, since the Constitution only allows residence of a state to contest elections in that state and Peter Obi was ordinarily resident in Lagos State when he contested and won the governorship of Anambra State.
Also, if you take a short trip to SARS at Ikeja or Awkuzu or anywhere else in the country, you will observe an even more egregious and tragic violation of a far more important constitutuional right of Nigerians - the right to life.
My point is, it just makes no sense trying to argue anything based on constituional provisions or principles in Nigeria. We simply do not have any Constitution and sadly we are all illiterate in the area of constitutonal principles. You might be surprised to learn that some of the most illiterate are our lawyers including the members of the Supreme Court

There is no such phrase like internal deportation . But I must agree this phrase best describes what happened between Lagos & Anambra.

The constitution just like any law is only as good as a case by case bases. So your answer is Yes and No.

It will be difficult to ''judge" in this case because we do not know what the FACTS are. Until be put forward the facts, we will continue to go in circles.

I will go ahead and state as facts what we have heard from the media.

1. 14 persons were re united with their family - Fashola
2. 69 persons were deported - LASG
3. 72 person were dumped at 3 am at upper Iweka under bridge - Anambra Red cross
4. I was arrested some month back on my way to the shop.

Based on the above, I will make my decision based on principle and not constitutional law.

Bearing in mind that the so called destitute have flesh and blood, if I was in charge of Lagos State What will I do to reunite a human being with his family? Get in contact with the family and hand over the said person. It will be foolish for me to use tax payers money, move people all the way from Lagos to Anambra only for them to find their way back. Unless these 'destitute '' agreed to go back home. And if they agreed? Is upper Iweka home? If UK deports Nigerians from their country, they don't just dump them in Ghana or Mali and expect them to find their way to Nigeria, after all they are all black. They take this Nigerians to Lagos or Abuja or PH or Kano and handover to the authorities. Based on Principle, dumping 14, 69, 72 or even 1 person is wrong on so many levels.

Another question that bothers me what if their families are resident of Lagos? Was it put to the public to come and identify these destitute before they were deported. I know a lot of people that do not have relatives in their state of origin.


Again, some of the destitute have accused Lagos state of maltreatment . My question is who confirmed these people destitute? What laws were used to tag them? What if a bigot (TuTsi and Huti) comes to mind Out of hatred decides to tag someone a destitute? Using his own criteria ? Remember what the Nazis did to the Jews?

In conclusion, we should seek to get the facts right and stop playing politics with a very sensitive issue like this.

Destitute today, Billionaire tomo, inventor tomorrow , president tomorrow

I will say deportation is unconstitutional under the Federal Constitution.

However, LASG action is explained and supported in IV.42.1 (a) and (b) of the constitution.

The fundamental rights of any citizen anywhere shall not be abridged by Goverment or people in authority on reason of ethnicity, or place of origin in discrimination unless persons of other ethnicities and origins are similarly disposed by order of Government or people in authority.

All detainees have a right of habeas corpus which means that you cannot be detained for more than a certain length of time(is it 24 hours in Nigeria?) without being brought before the court. You cannot simply round up poor people and detain them for months without trial.

If the suggestion is that what preceded the ''deportation'' wasn't detention but a voluntary internment, then its incumbent on the people who detained them to provide evidence such as signed consent form to show that the so called destitute people agreed to their incarceration.

It is said that the true test of civilisation for a society is how it treats its weakest members. The heartlessness with which the poor are treated in Nigeria shows that this is truly a benighted society.

4 Play: All detainees have a right of habeas corpus which means that you cannot be detained for more than a certain length of time(is it 24 hours in Nigeria?) without being brought before the court. You cannot simply round up poor people and detain them for months without trial.

If the suggestion is that what preceded the ''deportation'' wasn't detention but a voluntary internment, then its incumbent on the people who detained them to provide evidence such as signed consent form to show that the so called destitute people agreed to their incarceration.

It is said that the true test of civilisation for a society is how it treats its weakest members. The heartlessness with which the poor are treated in Nigeria shows that this is truly a benighted society.

Government have an obligation to protect people and society. The constituion is written, not to accord rights to the people but, to curtail excessive use of power by government.

The authors of constitution recognize that government must be given powers and authority to execute its obligations and it is impractical in any society to uphold equal opportunity, therefore guidelines must be in place, in theory, to force the hand of government to as close as possible to dispensation of equitable rights.

In application the authors compromised by allowing non-discriminatory practice.

What the constituion says is one thing, what the law allows is another.

The question here is; is the action of LASG discriminatory?

OPC.NAIRALAND:
I will say deportation is unconstitutional under the Federal Constitution.

However, LASG action is explained and supported in IV.42.1 (a) and (b) of the constitution.

The fundamental rights of any citizen anywhere shall not be abridged by Goverment or people in authority on reason of ethnicity, or place of origin in discrimination unless persons of other ethnicities and origins are similarly disposed by order of Government or people in authority.

Is that OPC Constitution you just quoted or that of the Federal Republic of Nigeria?

OPC.NAIRALAND:


Government have an obligation to protect people and society. The constituion is written, not to accord rights to the people but, to curtail excessive use of power by government.

The authors of constitution recognize that government must be given powers and authority to execute its obligations and it is impractical in any society to uphold equal opportunity, therefore guidelines must be in place, in theory, to force the hand of government to as close as possible to dispensation of equitable rights.

In application the authors compromised by allowing non-discriminatory practice.

What the constituion says is one thing, what the law allows is another.

The question here is; is the action of LASG discriminatory?

You really are dangerous my friend. You must sound like a lawyer to the layman with all that stuff above. I am almost certain you have no clue what you are talking about. But then, I would not be surprised if you have a license to practise law in Nigeria. Too many legal and constitutional illiterates in that body of learned men and women in Nigeria. A tragic shame!

i'm sure you all like the idea of living under bridges, however, its not all the time that you will get away with doing so.

tpia@:
i'm sure you all like the idea of living under bridges, however, its not all the time that you will get away with doing so.

That is not what the Op asked.
Is the 'internal' deportation of nigerian citizens legal/constitutional ?

which part of the constitution says it isnt?

constitution can be modified to allow it if needed. you guys make it seem like Nigerian constitution is some 200yr old bible. changes can be made and have been made since 1960. duh.

but yea if Nigeria is ever to become fully integrated, then it is a bad policy.
on the other hand, the policy is good for preventing overpopulation and overburdening of individual states. keep in mind, may of the transplants have strong regional identity. so that means that they are foreigners (or transplants) who refuse to assimilate into their host region which makes it easy to single them out as target for scapegoating.

in simple terms

Moving Nigerian citizens from one state to another "against their will" is illegal

it dont matter whether they choose to call it deportation, relocation, re-union, re-integration, rehabilitation or any of such terms!

mikeansy: in simple terms

Moving Nigerian citizens from one state to another "against their will" is illegal

it dont matter whether they choose to call it depotation, relocation, re-union, re-integration, rehabilitation or any of such terms!

and in simple terms, the law can be changed to make it legal.
begging on the roads is illegal therefore the alternative is to throw them in jail/rehabilitation centers. at least the state relocated them instead.
in most developed countries that can afford jail financing, they would be in jail long ago. let us see if that is also "against their will"

OPC.NAIRALAND:
I will say deportation is unconstitutional under the Federal Constitution.

However, LASG action is explained and supported in IV.42.1 (a) and (b) of the constitution.

The fundamental rights of any citizen anywhere shall not be abridged by Goverment or people in authority on reason of ethnicity, or place of origin in discrimination unless persons of other ethnicities and origins are similarly disposed by order of Government or people in authority.

please what kind of dishonest quoting of Nigerian constitution is this?

http://www.nigeria-law.org/ConstitutionOfTheFederalRepublicOfNigeria.htm

Rivers state kick non-indigenous beggars and destitute out of Port Harcourt.
https://www.nairaland.com/1386465/rivers-sends-destitute-home-states

tpia@:
which part of the constitution says it isnt?

which part of section 41 & 42 of the Nigerian constitution do you not understand?

I can interprete it to broken english for you.

mikeansy:

which part of section 41 & 42 of the Nigerian constitution do you not understand?

I can interprete it to broken english for you.

help me ask her

mikeansy: in simple terms

Moving Nigerian citizens from one state to another "against their will" is illegal

it dont matter whether they choose to call it depotation, relocation, re-union, re-integration, rehabilitation or any of such terms!

Within the social contract, that is an exchange of orderliness and safety between the State and citizens, any person choosing to remain in residence and conduct business within the domain of LASG authority is surrendering his/her consent to be a party and be accountable under the laws of society for the State.

Therefore, any who is incapable of self support and sustenance and has no means of dependent support is a risk to himself/herself and has become delinquent and lacking in ability to consciously uphold the integrity and dignity of the contract. Such persons deserve intervention.

When the state goverment must intervene, all rights of consent by a delinquent is in default.
He/she becomes the responsibility of the government until deposition.

mikeansy:

which part of section 41 & 42 of the Nigerian constitution do you not understand?

I can interprete it to broken english for you.

LASG did not violate any statute of the constitution. In Nigeria, and everywhere on the globe, we use the phrase "practice of law"; no one ever says "theory of law" in a court room.

The statutes of the constitution is not violated, but if anyone disagrees then they should sue so the practice of law can judge.

Nigerian law will apply a discrimination test to see if LASG has discriminated against these people because of their race and place of origin or whether other race of people have similarly been "reunited with a dependent support" and the action is not unique to igbos.

Very simple matter!

OPC.NAIRALAND:


Within the social contract, that is an exchange of orderliness and safety between the State and citizens, any person choosing to remain in residence and conduct business within the domain of LASG authority is surrendering his/her consent to be a party and be accountable under the laws of society for the State.

Therefore, any who is incapable of self support and sustenance and has no means of dependent support is a risk to himself/herself and has become delinquent and lacking in ability to consciously uphold the integrity and dignity of the contract. Such persons deserve intervention.

When the state goverment must intervene, all rights of consent by a delinquent is in default.
He/she becomes the responsibility of the government until deposition.

Loose the big gramma and apply some common sense. Dont know if you are a 1st year law student or in final year.

The LASG can conduct a welfare programme within the state. If this means rehabilitating mad people roaming the streets of Lagos yes they can do that and continue to accomodate them or release them back within the state to start up some alternative life when they feel the patient is ready for such. This needs to be also done in a very transparent manner supported with medical records.

However, moving Nigerians from one state to another simply tramples on the fundamental rights of Nigerian citizens as guaranteed by the Nigerian constitution and intruduces issues to the discuss that are outside the jurisdiction of LASG.

And yes while an individual living in Lagos automatically consents to a social contract with LASG; Lagos being a state in Nigeria is also bound by the constitution of the Fedral Republic of Nigeria. Section one of the Nigerian constitution establishes the supremacy of the Fedral Constitution over any by laws. Lagos State by laws can not contravene Nigerian Laws until such a time when Lagos state ceases to be a State in Nigeria and secedes from Nigeria!

mikeansy:

which part of section 41 & 42 of the Nigerian constitution do you not understand?

I can interprete it to broken english for you.

Sincere 9gerlan:
help me ask her

do either of you understand the meaning of "being of sound mind?"

you can state it in your dialect,if that will help.

tpia@:





do either of you understand the meaning of "being of sound mind?"

you can state it in your dialect,if that will help.

Does not being of sound mind waive your right to Nigerian citizenship?

mikeansy:

Loose the big gramma and apply some common sense. Dont know if you are a 1st year law student or in final year.

The LASG can conduct a welfare programme within the state. If this means rehabilitating mad people roaming the streets of Lagos yes they can do that and continue to accomodate them or release them back within the state to start up some alternative life when they feel the patient is ready for such. This needs to be also done in a very transparent manner supported with medical records.

However, moving Nigerians from one state to another simply tramples on the fundamental rights of Nigerian citizens as guaranteed by the Nigerian constitution and intruduces issues to the discuss that are outside the jurisdiction of LASG.

And yes while an individual living in Lagos automatically consents to a social contract with LASG; Lagos being a state in Nigeria is also bound by the constitution of the Fedral Republic of Nigeria. Section one of the Nigerian constitution establishes the supremacy of the Fedral Constitution over any by laws. Lagos State by laws can not contravene Nigerian Laws until such a time when Lagos state ceases to be a State in Nigeria and secedes from Nigeria!

We are talking law, you are pleading for common sense. Define common sense. You are a joke!

When you find yourself infront of a judge request to be given a common sense judgement. What a clueless "average Nigerian"!