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Electoral Act: Deletion Of Section 84 (12) ‘A Great Error’ - Falana - Politics (3) - Nairaland

Nairaland Forum / Nairaland / General / Politics / Electoral Act: Deletion Of Section 84 (12) ‘A Great Error’ - Falana (23030 Views)

Jonathan Defends Buhari, Backs Removal Of Section 84 Of Electoral Act / Deletion Of Section 84(12): Malami Effects Judgement In Line With The Law / Court Orders AGF To Remove Section 84(12) From Electoral Act (2) (3) (4)

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Re: Electoral Act: Deletion Of Section 84 (12) ‘A Great Error’ - Falana by fergie001: 6:04am On Mar 20, 2022
Nigerialabalaba:

i tell u before say dia will be problem by d time those against d deletion gets their own judgement from another high court. malami and co no fit run street on efrybody and go scot free o.
all those precedents wey u cite na jankara judgement
No Federal High Court will handle that matter, only a State High Court can and any Judge that does...see am see NjC hammer.

Best way out.....Appeal.

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Re: Electoral Act: Deletion Of Section 84 (12) ‘A Great Error’ - Falana by seunmsg(m): 6:11am On Mar 20, 2022
fergie001:

The AGF of course won't appeal because it favours him.

Yes, the NASS & indeed INEC can appeal the judgement. Since they weren't parties, they will ask the leave of the Court of Appeal as "interested parties" and when granted, it will have a separate file number and the appeal can go on.

Alright.
Re: Electoral Act: Deletion Of Section 84 (12) ‘A Great Error’ - Falana by ityP(m): 6:12am On Mar 20, 2022
Toks2008:
Confusion everywhere.

All I know is that Osinbajo will declare his intent to be the CEO of Nigeria and when he does, the hosts of heaven will back him, Nigerians home and away will rejoice, on the day he declares, there will be rejoicing all over the land of Nigeria.

He will contest and he will win.

I present to you the incoming president of the federal republic of Nigeria.


No one will vote for this economically bereft individual. Someone who thought 5k to poor Nigerians would somehow alleviate their poverty? Someone who has headed FEC more times than his boss but our economy is still on a downward spiral? This guy should just wait for someone else to be president, then that president can now appoint him to be AGF/Chief Justice.
Re: Electoral Act: Deletion Of Section 84 (12) ‘A Great Error’ - Falana by techWriter3: 6:13am On Mar 20, 2022
anything can wanna worse than polling politicians
Re: Electoral Act: Deletion Of Section 84 (12) ‘A Great Error’ - Falana by fergie001: 6:23am On Mar 20, 2022
litigator:
The constitution defines a public officer and political appointee didn’t come within the list. If you apply the rules of interpretation as provided in the Interpretation Act, you will discover that Mr. Falana’s position seems current. However, this is for the Supreme Court to decide.
However, Falana cited Asogwa v Chukwu 2003, Dada v Adeyeye 2005, Ojonye v Onu (2018) that deals with the LGA Chair.

However, Oni v Fayemi was delivered in February 2019 and is the latest judgement.

Therein, the Appeal Court in a unanimous judgement insisted that Ministers are Public Servants who are not caught up by the 30-days rule before Primaries, because of the nature of their employment. He went further to jettison the previous judgements as they were decided per incuriam.

Two of the three Judges that sat that day are in the Supreme Court now (Jauro & Agim).

So, if the National Assembly is ready, no wahala...

Let’s not forgot the issue of denial of fairing hearing as NASS suggested she was not served with copies of the processes and was thus denied the right to fair hearing which is a constitutional right as propounded in Grace Jack v. University of Makurdi.
You are right wrt the Court's non-joinder of interested parties, but it is left for the interested persons to apply for a leave of Court from Owerri first.
Re: Electoral Act: Deletion Of Section 84 (12) ‘A Great Error’ - Falana by Nobody: 6:26am On Mar 20, 2022
ityP:



No one will vote for this economically bereft individual. Someone who thought 5k to poor Nigerians would somehow alleviate their poverty? Someone who has headed FEC more times than his boss but our economy is still on a downward spiral? This guy should just wait for someone else to be president, then that president can now appoint him to be AGF/Chief Justice.
. Nigerians don’t vote on issues, neither do they really determine their president. The next president of Nigeria will be determined at the party primaries, people voting at the primaries don’t worry about the things you are worrying yourself about. Whoever APC present will win if they manage to stay together as a party because PDP do not have anyone formidable enough.

Don’t flatter yourself that they care about your vote, the people whose votes really matter care about N5000…….and they outnumber you 20 to 1! They are the ones whose votes matter, the job of people like you and I was to get involved n primaries to determine who the candidates will be but we spend all our time online. So we have absolutely no relevance in the political process which is why our concerns are never addressed!!!
Re: Electoral Act: Deletion Of Section 84 (12) ‘A Great Error’ - Falana by Funkyswagzz(m): 6:28am On Mar 20, 2022
Is there anything that is not error in nigeria.. im beginning to suspect this falana cos all he does is point out fault with not credible solution.
Re: Electoral Act: Deletion Of Section 84 (12) ‘A Great Error’ - Falana by fergie001: 6:31am On Mar 20, 2022
chloride6:


You sabi law, na him dem no give you SAN.

grin grin grin grin
grin grin grin grin

I no follow @ alllllll
Re: Electoral Act: Deletion Of Section 84 (12) ‘A Great Error’ - Falana by IfnobeGod20: 6:34am On Mar 20, 2022
Nigerialabalaba:

2 much sense dey worry u. political appointees dey end with tenure, civil servants na for 35 years or till u clock 65 years. political apiontees no be civil servants abeg. it is like day and night. d only time dey are d same is during corruption trial
The problem with some of you is that you know nothing but still doesn't want to learn.
Workers of government are categorized into either:
1. Civil servant or
2. Public servant
All ministers , commissioners, clerks of national assembly, houses of Assemblies, judges are classified as Public servants while career employees are classified as civil servants.
Since the case in reference didn't get to supreme court, it can't serves as precedence, another high court or federal high court can still give contrary opinion. If it was an Appeal court judgement that would have been a superior judgement and can serves as precedence. If by tomorrow another person take same case to court, the judge may give contrary opinion because the judgement of one high court is not binding on another high court judge.
Re: Electoral Act: Deletion Of Section 84 (12) ‘A Great Error’ - Falana by pesuwe(m): 6:55am On Mar 20, 2022
ChuksHills:
To me since this political appointees are heading government ministries and agencies they are still considered as public servant. You can not be head of civil servant and say you are not a public servant. It is just like a pastor heading the body of Christ (church) and saying he is not a Christian.
Re: Electoral Act: Deletion Of Section 84 (12) ‘A Great Error’ - Falana by ekhai(m): 7:00am On Mar 20, 2022
Toks2008:
Confusion everywhere.

All I know is that Osinbajo will declare his intent to be the CEO of Nigeria and when he does, the hosts of heaven will back him, Nigerians home and away will rejoice, on the day he declares, there will be rejoicing all over the land of Nigeria.

He will contest and he will win.

I present to you the incoming president of the federal republic of Nigeria.
THE ONLY OPTION. ANY OTHER PERSON MEANS NIGERIA WILL BE DOOMED.
Re: Electoral Act: Deletion Of Section 84 (12) ‘A Great Error’ - Falana by cktheluckyman: 7:15am On Mar 20, 2022
fergie001:

The AGF of course won't appeal because it favours him.

Yes, the NASS & indeed INEC can appeal the judgement. Since they weren't parties, they will ask the leave of the Court of Appeal as "interested parties" and when granted, it will have a separate file number and the appeal can go on.
INEC cannot appeal the judgement as it is expected to be neutral.The only people that can appeal the Judgement are the NASS

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Re: Electoral Act: Deletion Of Section 84 (12) ‘A Great Error’ - Falana by ultimateprof: 7:36am On Mar 20, 2022
When elders talk listen to them. Femi Falana have spoken, so shall it be.
Re: Electoral Act: Deletion Of Section 84 (12) ‘A Great Error’ - Falana by Bigchristo: 7:40am On Mar 20, 2022
Toks2008:
Confusion everywhere.

All I know is that Osinbajo will declare his intent to be the CEO of Nigeria and when he does, the hosts of heaven will back him, Nigerians home and away will rejoice, on the day he declares, there will be rejoicing all over the land of Nigeria.

He will contest and he will win.

I present to you the incoming president of the federal republic of Nigeria.
You people have started with your tribalism again simply because Osinbanjo maybe your tribal person you’re fighting for him to get into power again while he is almost exhausting 8yrs as Vice President without a notable achievements to show for it, I don see am say e go tey before una get sense for this country, there are two factors that’s affecting we Nigerians in terms of selecting a good leader:
(1) Tribalism
(2) stomach infrastructure
After voting your tribal person into power when he fails to deliver good governance remember you’re still going to suffer all throughout his tenure, you won’t get special slut to buy cheap fuel nor food in the market we all suffer the reality of it together, as for those who mainly rely on 4K and bag of rice with onions before voting I hope you’re going to chop the 4K for the next four years? Make una Dey use sense Abeg
Re: Electoral Act: Deletion Of Section 84 (12) ‘A Great Error’ - Falana by jimmynauty: 7:51am On Mar 20, 2022
lalastimlala:
Putin send some nukes to this country, make we reset. Anybody wey remain, na him luck.


Let it miss it's destination and hit you and ya generation.. people like me are blessed not lucky to live on after ya generation have been forgotten..bird we call rain, naim rain go beat first
Re: Electoral Act: Deletion Of Section 84 (12) ‘A Great Error’ - Falana by Nobody: 7:54am On Mar 20, 2022
fergie001:

However, Falana cited Asogwa v Chukwu 2003, Dada v Adeyeye 2005, Ojonye v Onu (2018) that deals with the LGA Chair.

However, Oni v Fayemi was delivered in February 2019 and is the latest judgement.

Therein, the Appeal Court in a unanimous judgement insisted that Ministers are Public Servants who are not caught up by the 30-days rule before Primaries, because of the nature of their employment. He went further to jettison the previous judgements as they were decided per incuriam.

Two of the three Judges that sat that day are in the Supreme Court now (Jauro & Agim).

So, if the National Assembly is ready, no wahala...


You are right wrt the Court's non-joinder of interested parties, but it is left for the interested persons to apply for a leave of Court from Owerri first.



We are saying the same thing. My point is that the position of the law was miss applied by the Court. With due respect, Government appointee cannot eat their cake and have it.

It is wrong in law for a party to approbate and reprobate. It is a legal sin

Anyway, let me calm down, and see what the learned justices of the Supreme Court will do. Perhaps the court will depart from existing decisions. Who knows?

Interesting times await us all
Re: Electoral Act: Deletion Of Section 84 (12) ‘A Great Error’ - Falana by simpleseyi: 8:20am On Mar 20, 2022
Toks2008:
Confusion everywhere.

All I know is that Osinbajo will declare his intent to be the CEO of Nigeria and when he does, the hosts of heaven will back him, Nigerians home and away will rejoice, on the day he declares, there will be rejoicing all over the land of Nigeria.

He will contest and he will win.

I present to you the incoming president of the federal republic of Nigeria.

We told you that we are ready to fight dirty, and we mean it.

If Osinbajo declares, that will make him another Judas, the traitor. We all know how Judas ended
Re: Electoral Act: Deletion Of Section 84 (12) ‘A Great Error’ - Falana by SocialJustice: 8:22am On Mar 20, 2022
Allow this matter rest abeg.
Re: Electoral Act: Deletion Of Section 84 (12) ‘A Great Error’ - Falana by wyclefguy: 8:30am On Mar 20, 2022
If Dada vs Adeyeye (2005) et all concluded that the political appointees and the political post holders are not public servants, then they should be allowed to contest at the convention
Re: Electoral Act: Deletion Of Section 84 (12) ‘A Great Error’ - Falana by lalastimlala: 8:38am On Mar 20, 2022
jimmynauty:


Let it miss it's destination and hit you and ya generation.. people like me are blessed not lucky to live on after ya generation have been forgotten..bird we call rain, naim rain go beat first
You too talk. Mumu. You no know when person dey play. Mumu you. One day , you go sha die. You no go escape am. Mumu you
Re: Electoral Act: Deletion Of Section 84 (12) ‘A Great Error’ - Falana by Danabu(m): 9:08am On Mar 20, 2022
flipboss:
This is getting interesting. Malami fighting tooth and nail because he wants to become the governor of Kebbi state. He is such a greedy man. He's bought up almost all the available parcel of land in Birnin-Kebbi metropoly.

Can you substantiate if asked to in court?
Re: Electoral Act: Deletion Of Section 84 (12) ‘A Great Error’ - Falana by ityP(m): 9:19am On Mar 20, 2022
perambulator:

. Nigerians don’t vote on issues, neither do they really determine their president. The next president of Nigeria will be determined at the party primaries, people voting at the primaries don’t worry about the things you are worrying yourself about. Whoever APC present will win if they manage to stay together as a party because PDP do not have anyone formidable enough.

Don’t flatter yourself that they care about your vote, the people whose votes really matter care about N5000…….and they outnumber you 20 to 1! They are the ones whose votes matter, the job of people like you and I was to get involved n primaries to determine who the candidates will be but we spend all our time online. So we have absolutely no relevance in the political process which is why our concerns are never addressed!!!





Toh, you don talk am. They won't stay together. PDP lost because they were not united. They seem very united right now and actually that's all that matters. APC convention hasn't happened yet but chaos plenty like this. Oga, APC is not going anywhere in 2023. Buhari will actually make sure of that if the person he wants as president doesn't scale through primaries
Re: Electoral Act: Deletion Of Section 84 (12) ‘A Great Error’ - Falana by Nobody: 9:26am On Mar 20, 2022
ityP:



Toh, you don talk am. They won't stay together. PDP lost because they were not united. They seem very united right now and actually that's all that matters. APC convention hasn't happened yet but chaos plenty like this. Oga, APC is not going anywhere in 2023. Buhari will actually make sure of that if the person he wants as president doesn't scale through primaries

Nigerians have a habit of thinking with their heart and not their heads.
Re: Electoral Act: Deletion Of Section 84 (12) ‘A Great Error’ - Falana by fergie001: 9:45am On Mar 20, 2022
litigator:
We are saying the same thing. My point is that the position of the law was miss applied by the Court. With due respect, Government appointee cannot eat their cake and have it.

It is wrong in law for a party to approbate and reprobate. It is a legal sin

Anyway, let me calm down, and see what the learned justices of the Supreme Court will do. Perhaps the court will depart from existing decisions. Who knows?

Interesting times await us all
Yea.....
Re: Electoral Act: Deletion Of Section 84 (12) ‘A Great Error’ - Falana by fergie001: 9:46am On Mar 20, 2022
cktheluckyman:

INEC cannot appeal the judgement as it is expected to be neutral.The only people that can appeal the Judgement are the NASS
....and political parties.
Re: Electoral Act: Deletion Of Section 84 (12) ‘A Great Error’ - Falana by ityP(m): 10:25am On Mar 20, 2022
perambulator:


Nigerians have a habit of thinking with their heart and not their heads.



Lol. You are not reading the room
Re: Electoral Act: Deletion Of Section 84 (12) ‘A Great Error’ - Falana by buckeyemedia: 11:13am On Mar 20, 2022
Toks2008:
Confusion everywhere.

All I know is that Osinbajo will declare his intent to be the CEO of Nigeria and when he does, the hosts of heaven will back him, Nigerians home and away will rejoice, on the day he declares, there will be rejoicing all over the land of Nigeria.

He will contest and he will win.

I present to you the incoming president of the federal republic of Nigeria.
I strongly agree with you.
Re: Electoral Act: Deletion Of Section 84 (12) ‘A Great Error’ - Falana by buckeyemedia: 11:15am On Mar 20, 2022
ultimateprof:
When elders talk listen to them. Femi Falana have spoken, so shall it be.
Malami also is a SAN, & he begs to disagree.
Re: Electoral Act: Deletion Of Section 84 (12) ‘A Great Error’ - Falana by Toks2008(m): 11:37am On Mar 20, 2022
simpleseyi:


We told you that we are ready to fight dirty, and we mean it.

If Osinbajo declares, that will make him another Judas, the traitor. We all know how Judas ended

Mumu talk. Nigeria is not a commodity.

In a true democracy, everyone is invited to try their popularity without any sentiment.

Are you guys so scared that you dont want to imagine Osinbajo coming out?

For the ignorant people who are so naive about the constitutional limitation of a vice president i won't bother explaining jack.

He who the crown fits should wear it.
Re: Electoral Act: Deletion Of Section 84 (12) ‘A Great Error’ - Falana by Agbegbaorogboye: 1:40pm On Mar 20, 2022
fergie001:
What about Oni v Fayemi at the Appellate Court?

That is the most recent and declared Dada v Oniyeye & Ojonye v Onu per incuriam.

Supreme Court will help us.

Supreme gini? That case has been concluded. No one will take it to SC. The organ with the locus to take it to SC should be NASS but I doubt they will try that because before the case is fully dispensed with, the political appointees would have done what they hoped to prevent them from doing
Re: Electoral Act: Deletion Of Section 84 (12) ‘A Great Error’ - Falana by pfadom: 1:42pm On Mar 20, 2022
This is becoming very interesting. It has actually shown that the AGF has been misleading the government of Buhari.
Re: Electoral Act: Deletion Of Section 84 (12) ‘A Great Error’ - Falana by fergie001: 1:52pm On Mar 20, 2022
Agbegbaorogboye:


Supreme gini? That case has been concluded. No one will take it to SC. The organ with the locus to take it to SC should be NASS but I doubt they will try that because before the case is fully dispensed with, the political appointees would have done what they hoped to prevent them from doing
I know the NASS won't push it but political parties can.

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