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Hear What The Constitution Says On Elections Of Nass Leaders - Politics - Nairaland

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Hear What The Constitution Says On Elections Of Nass Leaders by NegroNtns(m): 6:27am On Jun 10, 2015
Chapter V

The Legislature

Part I

National Assembly

B - Procedure for Summoning and Dissolution of National Assembly

52. (1) Every member of the Senate or the House of Representatives shall, [size=20pt]before taking his seat,[/size] declare his assets and liabilities as prescribed in this Constitution and subsequently take and subscribe the Oath of Allegiance and the oath of membership as prescribed in the Seventh Schedule to this Constitution before the President of the Senate or, as the case may be, the Speaker of the House of Representatives, but a member may before taking the oaths take part in the election of a President and a Deputy President of the Senate, as the case may be, or a Speaker and a Deputy Speaker of the House of Representatives.
Re: Hear What The Constitution Says On Elections Of Nass Leaders by NegroNtns(m): 6:30am On Jun 10, 2015
Interpretation:

The declaration of assets and liabilities is a requisite must first be satisfied before a member has the right to vote.

The oath of allegiance and oath of membership are secondary and can be waived until after voting.
Re: Hear What The Constitution Says On Elections Of Nass Leaders by INTROVERT(f): 6:31am On Jun 10, 2015
So in lay man's English. The election held yesterday is void. grin.
Does the constitution further say what happens in the event what you earlier posted is not followed to the letter.
Re: Hear What The Constitution Says On Elections Of Nass Leaders by NegroNtns(m): 6:33am On Jun 10, 2015
How many of those who voted in yesterday's leadership elections in NASS have satisfactorily filed and obtained clearance on their declared assets and liabilities?
Re: Hear What The Constitution Says On Elections Of Nass Leaders by modath(f): 6:36am On Jun 10, 2015
INTROVERT:
So in lay man's English. The election held yesterday is void. grin.
Does the constitution further say what happens in the event what you earlier posted is not followed to the letter.

You wish just like most people do smiley, but it was effectively stage managed that it will take a minor miracle to undo...

We are watching...
Re: Hear What The Constitution Says On Elections Of Nass Leaders by DuchessLily(f): 6:41am On Jun 10, 2015
And how many times have they obeyed or worked with exactly what this constitution says, b4 now??
Re: Hear What The Constitution Says On Elections Of Nass Leaders by Rawani: 6:43am On Jun 10, 2015
Another point worthy of note is that only the Senators that were present were actually inaugurated, effectively disenfranchising the rest of the senator-elects, as such there was actually no quorum in the first place.

Assuming they were all inaugurated, then the 1/3 rule would hold, but as only a handful were inaugurated, the remaining disenfranchised senator-elects have a strong case as there was no quorum. You cannot form a quorum with legislators that have not been sworn in, the definition of a 'member' in that clause is subject to interpretation as to who constitutes a member, keeping in mind that PMB only issued a proclamation for the holding of the first session of the National Assembly.

Chapter 5. Part 1. Section 54 (1)
1) The quorum of the Senate or of the House of Representatives shall be one-third of all the members on of the Legislative House concerned.


Chapter 5. Part 1. Section 64 (3)
3) Subject to the provisions of this Constitution, the person elected as the President shall have power to issue a proclamation for the holding of the first session of the National Assembly immediately after his being sworn in, or for its dissolution as provided in this section.
Re: Hear What The Constitution Says On Elections Of Nass Leaders by Galacious1: 6:48am On Jun 10, 2015
NegroNtns:
Read What The Constitution Says
On Elections Of Nass Leaders

i was expecting an audio
Re: Hear What The Constitution Says On Elections Of Nass Leaders by superstar1(m): 6:51am On Jun 10, 2015
Constitutional Lawyers don see 3 course meal.
Re: Hear What The Constitution Says On Elections Of Nass Leaders by Nobody: 6:56am On Jun 10, 2015
@OP why trying to "wish" yourself and give yourself false hope? The asset declaration is before Code aof Conduct Bureau CCB and not that of the public. It is not even restricted to NASS members but also all legislators.

As for the members present, the constitution is very clear. It says in Section 50(1b) that...
"There shall be a Speaker and a Deputy Speaker of the House of Representatives, who shall be elected by the members of that House from among themselves.

The law did not say 100% members must be present. As long as notice of election was communicated to members-elect, it is no business of anyone whether or not the some APC senators boycotted. Beside 57 Senators voted Saraki, the other 51 can and will not make any difference.
Yesterday's elections were 100% lawful and valid. APC fans should stop trying to give themselves false hope

4 Likes

Re: Hear What The Constitution Says On Elections Of Nass Leaders by whitecat1: 6:57am On Jun 10, 2015
This makes sense!

Let see how some lawyers can poke holes in the sham of an "election" and pull the seat right from under Saraki!
Rawani:
Another point worthy of note is that only the Senators that were present were actually inaugurated, effectively disenfranchising the rest of the senator-elects, as such there was actually no quorum in the first place.

Assuming they were all inaugurated, then the 1/3 rule would hold, but as only a handful were inaugurated, the remaining disenfranchised senator-elects have a strong case as there was no quorum. You cannot form a quorum with legislators that have not been sworn in.
Re: Hear What The Constitution Says On Elections Of Nass Leaders by NegroNtns(m): 6:57am On Jun 10, 2015
INTROVERT:
So in lay man's English. The election held yesterday is void. grin.
Does the constitution further say what happens in the event what you earlier posted is not followed to the letter.



Third Schedule

Part I


Federal Executive Bodies

(Established by Section 153)


A - Code of Conduct Bureau

 

1. The Code of Conduct Bureau shall comprise the following members:

(a) a Chairman; and

(b) nine other members, each of whom, at the time of appointment, shall not be less than fifty years of age and subject to the provisions of section 157 of this Constitution shall vacate his office on attaining the age of seventy years.

2. The Bureau shall establish such offices in each state of the Federation as it may require for the discharge of its functions under this Constitution.

3. The Bureau shall have power to:

(a) receive declarations by public officers made under paragraph 12 of Part I of the Fifth Schedule to this Constitution;

(b) examine the declarations in accordance with the requirements of the Code of Conduct or any law;

(c) retain custody of such declarations and make them available for inspection by any citizen of Nigeria on such terms and conditions as the National Assembly may prescribe;

(d) ensure compliance with and, where appropriate, enforce the provisions of the Code of Conduct of any law relating thereto;

(e) receive complaints about non-compliance with or breach of the provisions of the Code of Conduct or any law in relation thereto, investigate the complaint and, where appropriate, refer such matters to the Code of Conduct Tribunal;

(f) appoint, promote, dismiss and exercise disciplinary control over the staff of the Codes of Conduct Bureau in accordance with the provisions of an Act of the National Assembly enacted in that behalf; and

(g) carry out such other functions as may be conferred upon it by the National Assembly.

The terms and conditions of service of the staff of the Code of Conduct Bureau shall be the same as those provided for public officers in the civil service of the Federation.



Paragraph 12 of the V schedule talks more in depth of the treatment for violation by a public officer.
Re: Hear What The Constitution Says On Elections Of Nass Leaders by Amastermovic(m): 6:57am On Jun 10, 2015
Nothing consign me jawe no be people like us write am so changes fit enter am ...
GOD CONSTITUTION NA 7 BOOK OF MOSES... AS DEM TALK AM OOO
Re: Hear What The Constitution Says On Elections Of Nass Leaders by NegroNtns(m): 6:59am On Jun 10, 2015
barcanista:
@OP why trying to "wish" yourself and give yourself false hope? The asset declaration is before Code aof Conduct Bureau CCB and not that of the public. It is not even restricted to NASS members but also all legislators.

Yesterday's elections were 100% lawful and valid. Stop trying to give yourself false hope

please see my last post and response to Introvert, it addresses your wish.
Re: Hear What The Constitution Says On Elections Of Nass Leaders by NegroNtns(m): 7:02am On Jun 10, 2015
Galacious1:
i was expecting an audio

the senses and their organs are relative!
Re: Hear What The Constitution Says On Elections Of Nass Leaders by jorlons(m): 7:04am On Jun 10, 2015
Rawani:
Another point worthy of note is that only the Senators that were present were actually inaugurated, effectively disenfranchising the rest of the senator-elects, as such there was actually no quorum in the first place.

Assuming they were all inaugurated, then the 1/3 rule would hold, but as only a handful were inaugurated, the remaining disenfranchised senator-elects have a strong case as there was no quorum. You cannot form a quorum with legislators that have not been sworn in.

From the second emboldened part of the Op, the constitution did not state that they must all be inaugurated for them to partake in the election, rather it gives a room for them to participate in the electoral process even as senators-elect.

The constitution has so many ways around it.
Re: Hear What The Constitution Says On Elections Of Nass Leaders by NegroNtns(m): 7:11am On Jun 10, 2015
jorlons:


From the second emboldened part, the constitution did not state that they must all be inaugurated for them to partake in the election, rather it gives a room for them to participate in the electoral process even as senators-elect.

The constitution has so many ways around it.

True, and thats why i said the oath of office is a commitment and secondary, and in fact they are accorded a waiver. The declaration of asset and liability is a test of conduct and trust, it is fundamental and no waiver is expressly given by the constitution. If they have not filed their decalaration they are not allowed to seat as a senator. If they are not seating senators then they cannot vote or perform senatorial functions. Same for House of Reps.
Re: Hear What The Constitution Says On Elections Of Nass Leaders by Nobody: 7:12am On Jun 10, 2015
jorlons:


From the second emboldened part of the Op, the constitution did not state that they must all be inaugurated for them to partake in the election, rather it gives a room for them to participate in the electoral process even as senators-elect.

The constitution has so many ways around it.
The Constitution is very clear! There is no ambiguity here, the APC trolls are only trying to encourage themselves in the face of hopelessness.

2 Likes

Re: Hear What The Constitution Says On Elections Of Nass Leaders by ifyan(m): 7:17am On Jun 10, 2015
NegroNtns:
How many of those who voted in yesterday's leadership elections in NASS have satisfactorily filed and obtained clearance on their declared assets and liabilities?

My bro it not today it started.

Welcome to Nigeria.

You know. ......
Re: Hear What The Constitution Says On Elections Of Nass Leaders by ifyan(m): 7:19am On Jun 10, 2015
barcanista:
The Constitution is very clear! There is no ambiguity here, the APC trolls are only trying to encourage themselves in the face of hopelessness.

True talk bro. Remember let hear what lai will say about this.
Re: Hear What The Constitution Says On Elections Of Nass Leaders by here: 7:23am On Jun 10, 2015
"but a member may before taking the oaths take part in the election of a President and a Deputy President of the Senate, as the case may be, or a Speaker and a Deputy Speaker of the House of Representatives"

The law is subject to interpretation and where there is such they might seek interpretation and all actions taken by anyone to interprete personally shall be sanctioned. Notice the above bolded, it can also be said to mean ordinary business(taking of seat) of every elected member is assumed to mean the first seating after the election of the officials, also it is left for the CCB to comeup to say if a law was breached and charge such members to the tribunal if need be; but again it can be an issue that the elected members are new in town and had no official residence and hence were on transit until after settling in so had no personal fund to move around moreso have been engaged officially at ICC for their induction programme which always ends during official hours and CCB offices always closed at 5pm or even worse case they have filed and signed in court but the aides failed to deliver it for some administrative reasons. The court will be convinced to see the date on the forms when signed in court(which you know our country, a specific court can backdate and sign).

These are just few of the many ways, I just wish we can let this pass and focus on the real business of governance and legislative duties

Note the criminal code:
" 22. Ignorance of the law does not afford any excuse for any act or omission which would otherwise constitute an offence, unless knowledge of the law by the offender is expressly declared to he an element of the offence.
25. A person who does or omits to do an act under an honest and reasonable, but mistaken, belief in the existence of any state of things is not criminally responsible for the act or omission to any greater extent than if the real state of things had been such as he believed to exist. "
Re: Hear What The Constitution Says On Elections Of Nass Leaders by jorlons(m): 7:24am On Jun 10, 2015
NegroNtns:


True, and thats why i said the oath of office is a commitment and secondary, and in fact they are accorded a waiver. The declaration of asset and liability is a test of conduct and trust, it is fundamental and no waiver is expressly given by the constitution. If they have not filed their decalaration they are not allowed to seat as a senator. If they are not seating senators then they cannot vote or perform senatorial functions. Same for House of Reps.

Does CCB publish the names of those that have submitted their asset declaration form on their website or on the dailies for Nigerians to see or is it concealed within the bureau ??

Only CCB can hold them back from their senatorial functions because as of now they're the only ones with that information.
Re: Hear What The Constitution Says On Elections Of Nass Leaders by MayorofLagos(m): 7:26am On Jun 10, 2015
Hmm, na wa o, see research! cheesy
Re: Hear What The Constitution Says On Elections Of Nass Leaders by MayorofLagos(m): 7:39am On Jun 10, 2015
barcanista:
The Constitution is very clear! There is no ambiguity here, the APC trolls are only trying to encourage themselves in the face of hopelessness.

Dude,
This is APC administration, not PDP. Under this Executive power and Legislative majority accountability and responsibilty will be a top down and bottom up exercise.

If you recall the first thing the President Vice President did was file their declaration. Please do not inject your rogueness and lack of civic responsibility into this government, we are intent on cleaning up the mess you made of this country in 16yrs....the brooms are ready to sweep corruption and irrespinsibility out of the Natiinal Assembly. This OP is on point to ask if any of the Senators and Reps have filed their declaration before they started conducting business in the hallowed chambers. They should follow example from the Executive.

So barcanista, have these members, APC, PDP, LP, APGA....have they filed and declared their assets?
Nonsense!

1 Like

Re: Hear What The Constitution Says On Elections Of Nass Leaders by Caseless: 7:45am On Jun 10, 2015
barcanista:
@OP why trying to "wish" yourself and give yourself false hope? The asset declaration is before Code aof Conduct Bureau CCB and not that of the public. It is not even restricted to NASS members but also all legislators.

As for the members present, the constitution is very clear. It says in Section 50(1b) that...
There shall be a Speaker and a Deputy Speaker of the House of Representatives, who shall be elected by the members of that House from among themselves.

The law did not say 100% members must be present. As long as notice of election was communicated to members-elect, it is no business of anyone whether or not the some APC senators boycotted. Beside 57 Senators voted Saraki, the other 51 can and will not make any difference.
Yesterday's elections were 100% lawful and valid. APC fans should stop trying to give themselves false hope



You are just cnonfused!
Re: Hear What The Constitution Says On Elections Of Nass Leaders by MayorofLagos(m): 7:48am On Jun 10, 2015
here:
"but a member may before taking the oaths take part in the election of a President and a Deputy President of the Senate, as the case may be, or a Speaker and a Deputy Speaker of the House of Representatives"

The law is subject to interpretation and where there is such they might seek interpretation and all actions taken by anyone to interprete personally shall be sanctioned. Notice the above bolded, it can also be said to mean ordinary business(taking of seat) of every elected member is assumed to mean the first seating after the election of the officials, also it is left for the CCB to comeup to say if a law was breached and charge such members to the tribunal if need be; but again it can be an issue that the elected members are new in town and had no official residence and hence were on transit until after settling in so had no personal fund to move around moreso have been engaged officially at ICC for their induction programme which always ends during official hours and CCB offices always closed at 5pm or even worse case they have filed and signed in court but the aides failed to deliver it for some administrative reasons. The court will be convinced to see the date on the forms when signed in court(which you know our country, a specific court can backdate and sign).

These are just few of the many ways, I just wish we can let this pass and focus on the real business of governance and legislative duties

Note the criminal code:
" 22. Ignorance of the law does not afford any excuse for any act or omission which would otherwise constitute an offence, unless knowledge of the law by the offender is expressly declared to he an element of the offence.
25. A person who does or omits to do an act under an honest and reasonable, but mistaken, belief in the existence of any state of things is not criminally responsible for the act or omission to any greater extent than if the real state of things had been such as he believed to exist. "

From the way you referenced Constitution I'd hate to hire you as a lawyer if you were one. Compare your motor park style reference to OPs....yours lack Chapter, title, sub section, paragraph and whatever else is supposed to include.

If you defend a person for court the client go end up in prison behind your carelessness.

Who sent you to school sef? Ehn...? angry

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