nonut:
I thought NASS makes laws? Am I missing something?

Sunnyja:
All these charge and bail lawyers sef.

The lawyer is right. The constitution is a unique set of laws.

Every other law made by the NASS if it is in contradiction with constitutional provisions is null and void. Except that portion of the constitution is also amended.

This Falana own is becoming too much.Where is he when people are being denied of their rights?

Tonason:

This man is confused fellow, he is myopic lawyer.

You seem to be the myopic one here. did you read the points he advanced?

Xisnin:
You are wrong Falana, our senators can change any law.

You seem to be forgetting that the person talking here is a Senior Advocate of Nigeria that has practiced law for decades. And has argued hundreds of cases at all levels of our judiciary.

Yes the NASS can change any law, but they cannot enact a law that contradicts the constitution.

In this case, they need to first amend the constitution before enacting such a law. Its very simple. The constitution is the supreme law that supersedes every other law.

Reading through some comments here,its really appalling some can't even think before typing. This is about the law and someone of Mr falana's caliber is talking about it as enshrined in the constitution. How do you learn? And these are the future of Nigeria?

sapientia:
Na wa oooo

See what a SAN is saying.. cant say am not disappointed.

NASS represents the people and take decicions on behalf of the people including making laws.

When they make anti-people Laws, you guys dont talk but have found your voice cos it threatens the continued stay of una role model failure.

Good thing about democracy is that in the end, the wish of the people portrayed by the NASS will be upheld by the court.

All legal loop holes have been covered. Falana is simply crying wolf.

This is laughable. NASS represents the people, but they cannot make laws that contradicts the constitution, except they first amend such portion of the constitution.

freshboi88:


The judiciary has the final say oga...they CNT just change NY law....d supreme court is the final say

The law guiding supreme Court can be changed by the legislative arm of government too.
Remember that they have the power to amend the constitution.

Legislature is a very powerful arm of government in ideal democracy.

Gucciboss:


The law guiding supreme Court can be changed by the legislative arm of government too.
Remember that they have the power to amend the constitution.

Legislature is a very powerful arm of government in ideal democracy.

Yeah it is but an almost impossible task cos it will have to involve 36 houses of assembly, both upper n lower chambers of the nass......2/3 majority....

freshboi88:



Yeah it is but an almost impossible task cos it will have to involve 36 houses of assembly, both upper n lower chambers of the nass......2/3 majority....

I'm only arguing Legislature vs judiciary vs executive.
I'm not talking about internal crisis in legislative arm. As long as democracy is concerned, legislative arm has no rival. They can do and undo.(of course only when they are in unity)


The case here is more of executive vs Legislature. I'm not delving into their individual's internal dynamics.

chrisxxx:
Falana has found his lost voice. Buhari is selling fuel above official pump price where is Falana to say something he was nowhere. Buhari attacked Nnamdi Kanu via his army that are only powerful when the culprits are southerners in a democracy where was Falana?
Animals have been personified and have been stealing millions Falana has said nothing.
Now the Senate is about giving Nigerians chance for once to vote their leaders Falana has found his voice.
Falana no doubt has become anti-Nigerians.

what do you expect when he is buying cheap houses from EFCC.

If the NASS are disgruntled with the election timetable, they should just amend the law such that power to prepare election timetable is given to themselves than enter power of wit with INEC. Their interest is what they're after. Nothing can change the timetable, so long sagay that knows the law is there, not these illiterates claiming to know law.

agabusta:


This is laughable. NASS represents the people, but they cannot make laws that contradicts the constitution, except they first amend such portion of the constitution.

Quote the complete law that have been contradicted please..

Let everyone see and know if its true.. you might have thought NASS is daft like Buhari.

Only the Court will decide if the power to alter dates is reserved for INEC alone which i can inform you that its not possible.

INEC cannot be given such powers. Let them stick to whatever the electoral Act stipulates.. shekina.

sammyj:
In as much as I don’t want PMB to emerge or contest in the next election, the NA should just focuse on law making and let INEC do their constitutional duties on election matters. Likewise let INEC also focuse on how to conduct credible elections devoid of electoral fraud just like what happened in the last Kanu election where children participated in the election. Shikena!!

Part of National Assembly's duty is to make laws that INEC will obey

I can never take this Falana seriously, National Assembly can edit, delete, create any law at any time they deem fit...

falana is a disgrace to this country

sammyj:
In as much as I don’t want PMB to emerge or contest in the next election, the NA should just focuse on law making and let INEC do their constitutional duties on election matters. Likewise let INEC also focuse on how to conduct credible elections devoid of electoral fraud just like what happened in the last Kanu election where children participated in the election. Shikena!!

Yes, I agree with you on this. But how do you think it's possible for INEC to focus when the NASS are busy distracting them?

Xisnin:
You are wrong Falana, our senators can change any law.

First thing first is to include that part that says they can change any law in the constitution to enable them change any law. Then they can change any law.

sapientia:
Na wa oooo

See what a SAN is saying.. cant say am not disappointed.

NASS represents the people and take decicions on behalf of the people including making laws.

When they make anti-people Laws, you guys dont talk but have found your voice cos it threatens the continued stay of una role model failure.

Good thing about democracy is that in the end, the wish of the people portrayed by the NASS will be upheld by the court.

All legal loop holes have been covered. Falana is simply crying wolf.

Sorry, don't allow any to deceive you. The court of law upholds the constitution, first of all before any law.

He should tell us what is legal in this country instead of telling us what is illegal.

People with plenty talk self......

Xisnin:
You are wrong Falana, our senators can change any law.

No, you are absolutely wrong.

National Assembly cannot change the constitution. They can only amend or create new laws (in other words, add). This has a limit as there are things they cannot do only by themselves.

To amend the constitution requires 2/3 majority in Senate, House of reps, all 36 Houses of assembly and all 774 local government councils. That is why no new LG of state can be created by the National assembly. That is why the independence of INEC cannot be tampered with, it is their right. It would have been better for NA to advise INEC rather than compel them.

Any law asking them to obey a certain decision is no law as it contravenes the constitutional independence granted to them.

I thought this man has sense before

Olumaeme:
I can never take this Falana seriously, National Assembly can edit, delete, create any law at any time they deem fit...

If thats what you think, the NA can delete or create a state. Unfortunately, they dont have such powers.

Anything NA does that contravenes the constitution is null and void. They can add but cant subtract.

When constitution grants INEC independence, the power to add has been denied them. The independence is from the Executive, legislature and judiciary. Only the judiciary has some powers over inec with regards to INEC contravening other laws of the land. They are only to do their job within the laws of the country.

The constitution grants governors and president immunity, NA cannot remove it but can add more immunity clauses that must not remove anything that is there already.

When the constitution says i am free to live any where in Nigeria, NA cannot amend it to say i cant live in Enugu. They may only add a condition say i must have a valid Nigerian ID card to live in Enugu.

Yes, you are missing something. Read through again about the case already decided by Supreme Court and the provisions of the Constitution


“It is the height of legislative absurdity to say that the power donated to INEC by the constitution shall be exercised in accordance with the provision of an interior legislation. In Attorney-General, Abia State v. Attorney-General of the Federation (2002) 1 WRN 1 at 45, Kutigi CJN (as he then was) held that ‘where the provision in the Act is within the legislative powers of the National Assembly but the constitution is found to have already made the same or similar provision, then the new provision will be regarded as invalid for duplication and/or inconsistency and therefore inoperative.’
quote author=nonut post=65339716]I thought NASS makes laws? Am I missing something? [/quote]

Gucciboss:


I'm only arguing Legislature vs judiciary vs executive.
I'm not talking about internal crisis in legislative arm. As long as democracy is concerned, legislative arm has no rival. They can do and undo.(of course only when they are in unity)


The case here is more of executive vs Legislature. I'm not delving into their individual's internal dynamics.

nonut:
I thought NASS makes laws? Am I missing something?

They cant undo the constitution.

They can do anything, except the constitution.

Eg, they can make a law saying all new born babies should be killed.

This law will be invalid because right to life is in the constitution so they cannot remove it.

Their laws must not contradict anything in the constitution.

I hope you get the point

nonut:
I thought NASS makes laws? Am I missing something?

The problem here is they re not really changing any law. Rather they re trying to change an act of the law which in itself will go against that law.The law says the power to set election time table lies with inec and not any other body. If they can change electoral time table, then what is job of inec?

nonut:
I thought NASS makes laws? Am I missing something?

Yes, you are very correct.

But remember that INEC is an independent body that is not suppose to be controled by executive or legislative body according the law.

NASS can only achieve this reordering if the INEC constitutional law and right is amended and this is a very long process.

adanny01:


If thats what you think, the NA can delete or create a state. Unfortunately, they dont have such powers.

Anything NA does that contravenes the constitution is null and void. They can add but cant subtract.

When constitution grants INEC independence, the power to add has been denied them. The independence is from the Executive, legislature and judiciary. Only the judiciary has some powers over inec with regards to INEC contravening other laws of the land. They are only to do their job within the laws of the country.

The constitution grants governors and president immunity, NA cannot remove it but can add more immunity clauses that must not remove anything that is there already.

When the constitution says i am free to live any where in Nigeria, NA cannot amend it to say i cant live in Enugu. They may only add a condition say i must have a valid Nigerian ID card to live in Enugu.

Then why did Inec send their budget to the national Assembly? Why do they approach the National assembly to back the use of card readers then?

The constitution can be amended by National Assembly only that its needs 2/3 of the state assemblies in some places...

The national Assembly is made up of the people's representatives, who owns the constitution? Who will use the constitution? The people.... And the National Assembly represents them...

And Yes, they can decide to deny you the freedom of living anywhere in Nigeria, only that they need state assemblies to pass it.

National Assembly is very powerful, maybe you don't know..

As i said, they can edit, delete and create law whenever they deem fit, only that T&Cs may apply in some cases...

Did they stop election?

agabusta:


But wait, let us even analyse the whole scenario. How will INEC making Buhari's election to come first be to (him) Buhari's advantage?? I really dont understand how. Can you please break it down?

In my own opinion, the change in the sequence to make his election come last is what is actually in his advantage. Because from the outcome of the other elections, he would have already noted the voting pattern of the electorate, he will then know how to react/respond to his own coming election.

If the voting pattern is not in favour of his party, he'll already know that he may lose and so will be more desperate and also deploy all available resources to make it a fight to finish.

but that's how the elections has always been even the last 2015 elections was like that


since 1999 it has always been presidential elections first


oh so because it's buhari time now they should change it?

it's witch hunting the executive

Seun has allowed nairaland go to the dogs.

An erudite lawyer makes a submission with constitutional backings and all what illiterates who has not seen the four walls of any institutions of learning would do is call him fool and unprintable news without any counter argument whatsoever and they allow such comments go through without banning the degenerate fools.

Common sense should tell any reasonable homo sapien that an "independent" body like INEC shouldn't be dictated to on how to organise its elections. While they have the power to alter the certain laws guiding the INEC, they should know their limit.

The senators are pushing their luck too far. They should understand separation of power and stop going on a wild goose chase because their action cannot stand in the supreme court.

sapientia:


Quote the complete law that have been contradicted please..

Let everyone see and know if its true.. you might have thought NASS is daft like Buhari.

Only the Court will decide if the power to alter dates is reserved for INEC alone which i can inform you that its not possible.

INEC cannot be given such powers. Let them stick to whatever the electoral Act stipulates.. shekina.

Do you know the meaning of independent in the name of INEC?

So the lawmakers would be the ones to set timetables for elections all over the federation?

And you call buhari daft? Who is your "intelligent" father that gave birth to a fool like you?

milliondollas:
falana is a disgrace to this country

And you are a disgrace to your generation. A man cited several constitutional provisions and judgement to back up his claim and an educated fool like you comes with a one liner just to abuse someone you can never measure up to.

Political and tribal hatred shouldn't make you this daft.