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Nairaland Forum / Nairaland / General / Politics / Re: Is It Legal For A Coordinate Fed Govt To Freeze The Account Of A State Govt (746 Views)
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Re: Is It Legal For A Coordinate Fed Govt To Freeze The Account Of A State Govt by superemmy(m): 6:23pm On Aug 08, 2018 |
Please Officers of the Law. Legal Luminaries, Political Scientists, Researchers, Analysts and Profs on nairaland. Our attention has been drawn to recent events in the media such as freezing of a democratically elected State Government's account by the Federal Government According to our Constitution, is the right to freeze the account of a coordinate Government such as State and Local Government not subject to the decisions of the Court or Judiciary? If it is so, is the Executive Federal Government "right" or in order of legality able to freeze a State Government's Asset where there is no breakdown of law and order or state of emergency? Thank You. Mods please engage Cc lalasticlala Mynd44 |
Re: Re: Is It Legal For A Coordinate Fed Govt To Freeze The Account Of A State Govt by BeingFrank(m): 6:43pm On Aug 08, 2018 |
Its more than illegal, its an abomination, especially when you realize that Akwa Ibom state is one of the major oil producing states, feeding the same FG. What happened to immunity clause, coupled with the fact that the state gov has nothing to be held against? APC just want wants to finger all aspects of our democracy, but Nigerians will make them know that this is no more 1980s and 90s politics. Its a very good development that youths are now waking up to the happenings in the present political sector. 1 Like |
Re: Re: Is It Legal For A Coordinate Fed Govt To Freeze The Account Of A State Govt by bodee(m): 7:11pm On Aug 08, 2018 |
In a federal entity, the federal or the central government is superordinate to the component unit. The aggrieved unit can only go to court to challenge the decision of the federal government; the judiciary can then decide to serve as as a truce breaker by declaring the action of the federal government ulter vires/ unconstitutional/null and void. Hence, the federal govt is bound to obey any court ruling on the matter. Ordinarily, the central government is superior to the component units in a federal state and has the power to clamp down on the component units and the word 'coordinate' simply denotes those areas that calls for cooperation and power sharing. Thanks 1 Like |
Re: Re: Is It Legal For A Coordinate Fed Govt To Freeze The Account Of A State Govt by superemmy(m): 7:23pm On Aug 08, 2018 |
bodee: Ok, according to your write up in essence, it means it is legal for the Fg to freeze State Accounts until contested in court? 1 Like |
Re: Re: Is It Legal For A Coordinate Fed Govt To Freeze The Account Of A State Govt by Doerstech(m): 7:29pm On Aug 08, 2018 |
Illegal in all shades and form ... |
Re: Re: Is It Legal For A Coordinate Fed Govt To Freeze The Account Of A State Govt by bodee(m): 7:36pm On Aug 08, 2018 |
superemmy:yes, exactly my point. |
Re: Re: Is It Legal For A Coordinate Fed Govt To Freeze The Account Of A State Govt by tomakint: 7:38pm On Aug 08, 2018 |
bodee: You clearly missed the point the Op is driving at, he said, in a state where the "Component Unit" is not under a pariah condition or state of emergency or trying to separate from the Union, is it lawful or legal for the central government to just freeze an entire account of a State in a federation for more than 24 hours without prior notice of illegality committed or crime perpetuated by the "Component Unit". Thank you 1 Like 1 Share |
Re: Re: Is It Legal For A Coordinate Fed Govt To Freeze The Account Of A State Govt by magoo10(m): 7:40pm On Aug 08, 2018 |
It is illegal It is brigandage It is unconstitutional It amounts to shutting down a sovereign state from economic activities Above all it is tyranny. 5 Likes 1 Share |
Re: Re: Is It Legal For A Coordinate Fed Govt To Freeze The Account Of A State Govt by bodee(m): 7:46pm On Aug 08, 2018 |
tomakint:the question of legality or illegality is for the court to decide. The federal govt has done something because it feels it has the power to do so and of course it has the power but the aggrieved unit is only at the mercy of the judiciary. |
Re: Re: Is It Legal For A Coordinate Fed Govt To Freeze The Account Of A State Govt by bodee(m): 7:49pm On Aug 08, 2018 |
magoo10:sovereignty only belongs to the center in a federating unit. It's only the federal govt that is fully autonomous, the component units are semi- autonomous |
Re: Re: Is It Legal For A Coordinate Fed Govt To Freeze The Account Of A State Govt by chomchom1(f): 7:50pm On Aug 08, 2018 |
God blessed GEJ... |
Re: Re: Is It Legal For A Coordinate Fed Govt To Freeze The Account Of A State Govt by superemmy(m): 7:53pm On Aug 08, 2018 |
tomakint: Yes exactly what I'm trying to say |
Re: Re: Is It Legal For A Coordinate Fed Govt To Freeze The Account Of A State Govt by magoo10(m): 7:57pm On Aug 08, 2018 |
bodee:a state that has its house of assembly fully operational is sovereign except in a banana republic . you cannot shut down the economy of a state by freezing its account and stop her from the constitutional activities elected to perform. It is unconstitutional and will be addressed in court if the government fails to do the right thing. 3 Likes 1 Share |
Re: Re: Is It Legal For A Coordinate Fed Govt To Freeze The Account Of A State Govt by ChiChilolo(f): 7:58pm On Aug 08, 2018 |
If it is legal for the Federal Government to freeze state account anyhow without checks and balances, that would be a gross misuse of power? I'm sure it's not legal except without cause - like state of emergency. |
Re: Re: Is It Legal For A Coordinate Fed Govt To Freeze The Account Of A State Govt by bodee(m): 8:43pm On Aug 08, 2018 |
magoo10:a state with a legislative arm is still not sovereign. Can a state house of assembly make law on currency, policing and defence? Can Osun state house of assembly legislate or call for a new currency? Hence, a state in a federating units is NOT sovereign. Sovereignty can be defined as the absolute power of a state to make and enforce law within its jurisdiction without any internal and external interference. |
Re: Re: Is It Legal For A Coordinate Fed Govt To Freeze The Account Of A State Govt by magoo10(m): 8:52pm On Aug 08, 2018 |
bodee:and you think the state does not make and enforce laws through the state house of assembly? The law enforced against open grazing is what? Stop quoting me with childish points . i will not dignify you by responding go and sleep |
Re: Re: Is It Legal For A Coordinate Fed Govt To Freeze The Account Of A State Govt by freeze001(f): 9:34pm On Aug 08, 2018 |
bodee: Currency, policing and co are constitutional matters. Even the FG cannot change constitutional provisions without the input and approval of 2/3 of those component units ur states u seem to think the FG can subjugate at will. |
Re: Re: Is It Legal For A Coordinate Fed Govt To Freeze The Account Of A State Govt by bodee(m): 10:44pm On Aug 08, 2018 |
magoo10:dignify me! it seems you are high on Osogbo weed, you'd better keep your dignifying comment to yourself. Arrant nonsense! It takes maturity to understand that people may not always align to your opinion. I never told this dignified man that a state house of assembly is incapable of making laws. Local government even make certain laws that we refer to as bye laws. Does that make them sovereign? The so called grazing bill can even be truncated by the National Assembly |
Re: Re: Is It Legal For A Coordinate Fed Govt To Freeze The Account Of A State Govt by bodee(m): 11:03pm On Aug 08, 2018 |
freeze001:of course, I agree that the National Assembly also needs the inputs legislative bodies of the 36 state on certain areas like impeachment of the President and what have you and that's why they are coordinate but the federal government either through the executive what we call order in council and statutory instrument or through the National Assembly can always usurp the will of the states. Again, I repeat the federal can always usurp the will of the states and there is nothing illegal about that. |
Re: Re: Is It Legal For A Coordinate Fed Govt To Freeze The Account Of A State Govt by magoo10(m): 6:58am On Aug 09, 2018 |
bodee: |
Re: Re: Is It Legal For A Coordinate Fed Govt To Freeze The Account Of A State Govt by Redhot111(m): 7:05am On Aug 09, 2018 |
bodee: I will be delighted if you point to us, some part of our constitution to bark up your claim. Nigeria is governed by written laws and constitutions and not by figment of some people's imagination. So you don't expect us to believe wat you wrote simply because it was written by you. |
Re: Re: Is It Legal For A Coordinate Fed Govt To Freeze The Account Of A State Govt by omowolewa: 7:21am On Aug 09, 2018 |
It's very unconstitutional and vengeful act. The fact that the Federal Government shares revenue to the states doesn't make FG the owner of such revenue. I think their action should be towards individual actors and not the state itself. |
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