The amendment of the CCB/CCT Act by the National Assembly is null and void! By Olatunde Bakare @backarray

The amendment of the CCB/CCT Act by the National Assembly is null, void and cannot stand as same is inconsistent with the provisions of CFRN.

I expected the lawyers amongst our 469 lawmakers to set the rest of their ignorant colleagues on the right part but alas, they didn't.
CCT did not just come into existence by virtue of the CCB/CCT Act but by the provisions of the 1999 Constitution as amended.

The 3rd & 5th Schedule to CFRN as amended dwells on imp part of CCT's existence and ONLY a constitutional amendment can make changes to it.

Meaning, amendment must be consented to by 2/3 of all 36 State Houses of Assembly. Without that, the provisions of 3rd&5th schedule stands.
Therefore, any other law, be it an Act by the National Assembly or not, that is inconsistent with the provisions of CCB/CCT as provided....
by the 3rd & 5th Schedule to the constitution will be invalid, null and void to the extent of its inconsistencies. The amendment can't stand.

Now let us highlight the most salient part of the invalid amendment of CCB/CCT Act by the National Assembly and point out where it fails....

Before that, may I point out that the wordings of 3rd &5th Schedule of the CFRN is 'SHALL' and that means it is Mandatory and NEVER optional:

1. NA altered the tenure of CCB Chairman to a term of 5yrs renewable once. This is inconsistent with Par. 17 (1) of the 5th Schedule CFRN.
The Paragraph says the Chairman SHALL vacate his office at the age of 70 years. The word used is shall and it is Mandatory.

Therefore the amendment by National Assembly limiting term of CCB Chairman to 5yrs renewable once is hereby NULL and VOID for being inconsistent with CFRN(Constitution of the Federal Republic of Nigeria).

2. The National Assembly amended the Act to say all CCT nominees MUST be screened & confirmed by Senate. This is inconsistent with Paragraph 15(3) 5th Schedule.
The Par only makes it mandatory (SHALL) for the President and NJC to participate and the Senate CANNOT force their involvement.
Therefore, the amendment to provide for Senate Screening and confirmation is NULL and VOID for being inconsistent with the Constitution.

I've highlighted just 2 clauses from the amendment to show where it conflict with the CFRN and to show that the NA were totally ignorant.
The CFRN in S. 1(3) provides that any law that is inconsistent with the provisions of the constitution shall be null and void.

Except a constitutional amendment is triggered and 2/3 of all 36 States agrees,what the NA has done as its affect CCB/CCT is a waste of time.
What should the President do? Throw the amendment in the bin as same conflicts with the Constitution and tell them to go do the right thing.

The whole charade is an embarrassment and big shame on lawmakers who are lawyers for allowing this rape on our Constitution go unchallenged.



https://mobile.twitter.com/Backarray/status/791965174328471561

Lmaoooooo.

When we have a Senate that is filled with politicians who are moved more by corruption, things like this is what happens

Mynd44:
Lmaoooooo.

When we have a Senate that us filled with politician who are moved more by corruption, things like this is what happens

What's funny Pls?

Thanks for bringing it up. We shall amend the constitution of the Federal Republic accordingly to ensure concurrence

Mynd44:
Lmaoooooo.

When we have a Senate that us filled with politician who are moved more by corruption, things like this is what happens

oops

you are a moderator,

you are not suppose to comment talk-less of taking side

JBUZZ:
Thanks for bringing it up. We shall amend the constitution of the Federal Republic accordingly to ensure concurrence

Trust me, by that time, most of them will be "amending" from the jail

comos:


oops

you are a moderator,

you are not suppose to comment talk-less of taking side

Where was this obnoxious rule stated in the Nairaland constitution? Kuku kill am na. Nansense

Lalasticlala - the intelligentsia in Nairaland have started well, please finish off abeg

Mynd44 - day don break for this thread, get your whip ready.

Oga OAM4J, I trust your opinion on this subject.

Meanwhile, I have secured my seat awaiting fireworks.Dogaras' HOR passed this bill in one reading in May, Sarakis' Senate delayed passage until this week.

I am sure the Clerk of the National Assembly would have highlighted this inconsistency, but trust chest beating Ekweremadu (DSP) who presided over this charade to simply ignored the principle to satisfy his boss (while away). Useless politicians.

Amazing write up by Op. Nice thinking. I owe you one small bottle for being thoughtful.

Cc: Presidency
Minister Malami
Prof Osinbajo
Falana
Other legal luminaries....
CCT
CCB

When the NASS overrides the president's veto and pass it into law,Hope you won't commit suicide

lalasticlala:


There is no rule that says moderators shouldn't comment.

Moderators should comment buh not comment BS... Moderators are umpires and referees...

INEC did not just come into existence by virtue of the INEC Act but by the provisions of the 1999 Constitution.

Why is INEC operating with amended Electoral laws passed by NASS without endorsement from 2/3 of Nigerian States before implementation?

What was amended is Code of Conduct Act Cap C15 LFN 2004

It also proves for the tenure of the chairman and the constitution of the members.


http://eie.ng/wp-content/uploads/2014/02/Code-of-Conduct-Bureau-and-Tribunal-Act.pdf

Make Senators cos of Saraki dey dia dey fool densefs.

They doing thus amendment to suit their stomach infrastructure and immunity to corruption.

Not everyone is a dunce!

Keneking:
Lalasticlala - the intelligentsia in Nairaland have started well, please finish off abeg

Mynd44 - day don break for this thread, get your whip ready.

Oga OAM4J, I trust your opinion on this subject.

Meanwhile, I have secured my seat awaiting fireworks.Dogaras' HOR passed this bill in one reading in May, Sarakis' Senate delayed passage until this week.

I am sure the Clerk of the National Assembly would have highlighted this inconsistency, but trust chest beating Ekweremadu (DSP) who presided over this charade to simply ignored the principle to satisfy his boss (while away). Useless politicians.

Amazing write up by Op. Nice thinking. I owe you one small bottle for being thoughtful.

Cc: Presidency
Minister Malami
Prof Osinbajo
Falana
Other legal luminaries....
CCT
CCB

I thought you are an e-wailer! What has changed?

Keneking:

I am sure the Clerk of the National Assembly would have highlighted this inconsistency

Propaganda has come to stay in Nigeria.

Keneking:

I am sure the Clerk of the National Assembly would have highlighted this inconsistency

Propaganda has come to stay in Nigeria.

If at 6:22pm, when one should be dazed by the days activities and seekinh relief, someone can still muster such deception with intention to mislead, then, propaganda must be a Nigerian culture.

Nice One OP. Those men in the NA are mere politicians, not government experts. Their popularity, not their prowess put them there

Jokerman:


Moderators should comment buh not comment BS... Moderators are umpires and referees...

story...are thery robots?..who determines if what they say is BS?..you?...rabbish....abeg mynd and lala..carry go!!!

National assembly of corrupt leaders.

How I wish it could just happen...

comos:

oops
you are a moderator,
you are not suppose to comment talk-less of taking side

Every Nairaland member is solely responsible for anything that he/she posts or uploads on Nairaland.

comos:


oops

you are a moderator,

you are not suppose to comment talk-less of taking side

he should not talk because?...yeye

MadamExcellency:
What was amended is Code of Conduct Act Cap C15 LFN 2004

It also proves for the tenure of the chairman and the constitution of the members.


http://eie.ng/wp-content/uploads/2014/02/Code-of-Conduct-Bureau-and-Tribunal-Act.pdf

But you're being informed that the amendment contradicts provisions in the constitution of FRN. And where that is the case, such amendment is NULL AND VOID. QED!

babyfaceafrica:
story...are thery robots?..who determines if what they say is BS?..you?...rabbish....abeg mynd and lala..carry go!!!

So if a referee blows favorably for a team against another. .. will it be fair? ?