dignity33:
Legislatior are the organ of Government that make law and also Amend law how can this Mr know all said that they have no right to Amend the law the same way he said that they have no right to confirm EFCC Chairman, thus this man think because he want the position of AGF in Buhari next term that make us now Nursery school students shame on FaLana.

they need to first amend the consistution before they amend INEC assignment. Election sequence is not in the constitution but powers is fested in electoral act for INEC to set election dates and details. It’s rule of law not rule of common sense

I wander how election date pattern can save any candidate from being voted out.if truly the majority of voters have decided to vote any candidate out,the earlier the election date the better to vote him out.What needs to be considered is the most economical sequence

Do you even read what you write?or are you just trying to throw your support to buhari without reasoning.

agabusta:




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.

Stop twisting the constitution and we do have it online. You could quote the section that says so.

adanny01:


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.

Olumaeme:


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...

Budget of INEC is not a constitutional matter bro.

On the card reader, there is an election process described by the constitution which was amended by an electoral act in 2010, the 2010 amendment prohibited electronic voting. This caused divergent opinions on whether INEC is contravening the 2010 act or not by using card readers. The constitution and act both had given INEC the free will to decide but the act which was an amendment prohibited electronic voting. Because of the arguments, an act was sought and passed in 2017 to legalized card reader and to displace all arguments or those who may decide to challenge its use in court.

The exact point i am trying to make, INEC has the right enshrined in the constitution to decide how it will register voters conduct the process. No act or amendment can remove that right from INEC whether all the law making processes are followed because any law that contravenes the constitution becomes null and void.

So, NA can add provisions, which they did in 2010. These provisions are to put the elections in a better scope and limit the right of INEC especially with regards to electronic voting. It was established that INEC didnot contravene the 2010 act by card reader because the card reader is a voter authenticating maching not a voting machine. NA passed an act in 2010 to capture the card reader and make it legal.

On the bolded, any law created by NA, passed by state assemblies and LG councils and signed into law but contravenes the constitution is not a law. Thats why the judiciary is there. The judiciary will simply strike the new law out if approached.

When the constitution says armed robbery is a crime no legislation can make armed robbery legal. Legislation can only increase or decrease the punishment. The law checks itself even against those who make laws.

Lastly, even though the NA is the highest law making body in Nigeria with so much powers, those powers are absolutely limited by politics and bereaucracy. They have the powers but cannot use it in certain cases. Example of that is state creation or referendum that people are shouting for. The law process looks easy but to fufil the process is near impossible.

waveman2:
Stop twisting the constitution and we do have it online. You could quote the section that says so.

You have it online but didnt read it?

9. (1) The National Assembly may, subject to the provision of this section, alter any of the provisions of this
Constitution.
(2) An Act of the National Assembly for the alteration of this Constitution, not being an Act to
which section 8 of this Constitution applies, shall not be passed in either House of the National
Assembly unless the proposal is supported by the votes of not less than two-thirds majority of all
the members of that House and approved by resolution of the Houses of Assembly of not less than
two-thirds of all the States.
(3) An Act of the National Assembly for the purpose of altering the provisions of this section,
section 8 or Chapter IV of this Constitution shall not be passed by either House of the National
Assembly unless the proposal is approved by the votes of not less than four-fifths majority of all
the members of each House, and also approved by resolution of the House of Assembly of not less
than two-third of all States.

Torylanez:


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

Who told you since 1999, it has always been presidential first? You guys should stop lying! The 1999 presidential election came last.

What are the responsibilitiesof National Assembly? You guys are annoying and shameless! Since it's involves emperor buhari, National Assembly no longer has powers to do their law making. spits!!

Ratello freeze001

Were arguing with sentiments the other day. I just dey laugh. 1

Ratello:
Not illegal sir, Mr Falana gbo tie. This is about The Senate rising up to the occasion to curtail a sinister move.by INEC to scheme towards Buhari's victory at the polls and this is not part of INEC's responsibilities but INEC is expected to be an unbiased Umpire in this game. I repeat, this REORDERING IS IN ORDER!

U are a baby. I was telling u the other day, but blind and deliberate sentiments wont let u see beyond ur nose.
Reasons u avoid engaging clowns like u.

adanny01:


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.

Which part of the constitution states that INEC must conduct presidential election first?
I think you may be confusing the constitution with the INEC act.

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.

If that is the case, his loyalists won't be fighting with tooth and nail against it.
Buhari cannot win election without the support of various power blocks in different state.
The senators against the bill are the unpopular ones who can't survive without Buhari, by making
NASS elections come first, they are shielding themselves from the consequences of the presidential
elections outcome.

Even if Buhari becomes desperate, he is as good as the support he can get at the local level which is controlled
by Senators and Reps.

progress69:


U are a baby. I was telling u the other day, but blind and deliberate sentiments wont let u see beyond ur nose.
Reasons u avoid engaging clowns like u.

So because your lord and master has said it is illegal now you are on course so therefore you have refused to use your brain again to reason the matter out. Perhaps you need to read brilliant debates here on this matter and be educated for once and stop this prattle you are saying like a baby who can't reason. I maintain, what the Senate did is welcome under a democratic setting and not illegal in this matter.

Xisnin:

If that is the case, his loyalists won't be fighting with tooth and nail against it.
Buhari cannot win election without the support of various power blocks in different state.
The senators against the bill are the unpopular ones who can't survive without Buhari, by making
NASS elections come first, they are shielding themselves from the consequences of the presidential
elections outcome.

Even if Buhari becomes desperate, he is as good as the support he can get at the local level which is controlled
by Senators and Reps.

God bless you sir for capturing the picture perfectly well.

CROWNWEALTH019:
God bless our senators


If no be Falz I for curse this idiat

shey na falze papa ni

Ratello:


So because your lord and master has said it is illegal now you are on course so therefore you have refused to use your brain again to reason the matter out. Perhaps you need to read brilliant debates here on this matter and be educated for once and stop this prattle you are saying like a baby who can't reason. I maintain, what the Senate did is welcome under a democratic setting and not illegal in this matter.

Lol...
U sabi pass SAN and even Jega...
Oya dey argue with urself

adanny01:


Budget of INEC is not a constitutional matter bro.

On the card reader, there is an election process described by the constitution which was amended by an electoral act in 2010, the 2010 amendment prohibited electronic voting. This caused divergent opinions on whether INEC is contravening the 2010 act or not by using card readers. The constitution and act both had given INEC the free will to decide but the act which was an amendment prohibited electronic voting. Because of the arguments, an act was sought and passed in 2017 to legalized card reader and to displace all arguments or those who may decide to challenge its use in court.

The exact point i am trying to make, INEC has the right enshrined in the constitution to decide how it will register voters conduct the process. No act or amendment can remove that right from INEC whether all the law making processes are followed because any law that contravenes the constitution becomes null and void.

So, NA can add provisions, which they did in 2010. These provisions are to put the elections in a better scope and limit the right of INEC especially with regards to electronic voting. It was established that INEC didnot contravene the 2010 act by card reader because the card reader is a voter authenticating maching not a voting machine. NA passed an act in 2010 to capture the card reader and make it legal.

On the bolded, any law created by NA, passed by state assemblies and LG councils and signed into law but contravenes the constitution is not a law. Thats why the judiciary is there. The judiciary will simply strike the new law out if approached.

When the constitution says armed robbery is a crime no legislation can make armed robbery legal. Legislation can only increase or decrease the punishment. The law checks itself even against those who make laws.

Lastly, even though the NA is the highest law making body in Nigeria with so much powers, those powers are absolutely limited by politics and bereaucracy. They have the powers but cannot use it in certain cases. Example of that is state creation or referendum that people are shouting for. The law process looks easy but to fufil the process is near impossible.

Seems you have agreed already

"NA IS THE HIGHEST LAW MAKING BODY IN NIGERIA WITH SO MUCH POWERS, LIMITED BY POLITICS AND BUREAUCRACY"

That's why I said they can do anything with the law but subject to some Terms and conditions.

And yes, National Assembly can tamper with sequence of election in the interest of the citizens because they represent them..

Time Will tell, save this post, you will remember I told you when they finally change it

progress69:


Lol...
U sabi pass SAN and even Jega...
Oya dey argue with urself

You should be unprogressive69 with the way you reason upside down. Did you know how many SANs in that Senate? Did you know how many Constitutional Lawyers in that Senate? We are talking of the supremacy of the Constitution that birthed the Electoral Acts you are here talking of an unwritten law being peddled by one drunken master Falana and a professional rigger Jega. Please don't quote me again. Perhaps my brother Xisnin can help your miseries and confusion.

Ratello:
Not illegal sir, Mr Falana gbo tie. This is about The Senate rising up to the occasion to curtail a sinister move.by INEC to scheme towards Buhari's victory at the polls and this is not part of INEC's responsibilities but INEC is expected to be an unbiased Umpire in this game. I repeat, this REORDERING IS IN ORDER!

God bless you for calling out dullardz

cc lzaa

Then they should amend the law not reorder election.

dignity33:
Legislatior are the organ of Government that make law and also Amend law how can this Mr know all said that they have no right to Amend the law the same way he said that they have no right to confirm EFCC Chairman, thus this man think because he want the position of AGF in Buhari next term that make us now Nursery school students shame on FaLana.

imhotep:
God bless you for calling out dullardz
cc lzaa

zombies and dulldeens wee hate this move

adanny01:




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

You don't know what you are saying. As long as the legislative arm has the constitutional power to amend the constitution, they can do and undo. Get your fact right

Where did I say that they can undue constitution?

AirFireEarthH20:



Who told you since 1999, it has always been presidential first? You guys should stop lying! The 1999 presidential election came last.

What are the responsibilitiesof National Assembly? You guys are annoying and shameless! Since it's involves emperor buhari, National Assembly no longer has powers to do their law making. spits!!

OK saraki minion