fergie001:

Is the law retrospective?

The SC Judges will ask: What is the cause of action of your suit?

When you answer that, they will ask you:
Is it a pre-election matter?

sapele914:
I just wonder how you feel when you realize how naive you have been?

The law is blind, it is not about Jonathan, no one in Nigeria can take the oath of office to be a Governor or President more than twice sworn in by the Chief Judge of the State or Federation.

Jonathan have you taken the oath of office & been sworn in twice by the Chief Judge of The Federation? Yes, then you are not eligible.

When Buhari was incapacitated for 7 months in the United Kingdom, Osinbajo was the President of The Federation, but he was never sworn in by the Chief Judge.

fergie001:


I don't think Falana is right:

A Cyriakos Njoku filed a suit at the FCT High Court on Jonathan's eligibility in 2014 and the case was thrown out. He appealed and in March 2015, the Appeal Court ruled that: Jonathan was only elected once in 2011 and had a right to contest in 2015, stating that he only completed Yar'Adua's tenure when he took the oath in 2010.

1. The SC has ruled on a similar issue;
Geidam for example, was sworn-in as Deputy-Gov in 2007. His Principal, Sen Mamman Ali died in January 2009, and Geidam was sworn-in, he contested the 2011 & 2015 elections and won and his eligibility status was contested down to the SC in Maihaja v Geidam 2017.

The SC said Geidam only did hold the fort in 2009 & was not elected Gov in 2009 but only in 2011 & 2015, hence he was eligible.

2. Section 137 became law in 2018 but the law is not retrospective.

This is in accord with common sense as a law yet to be in existence cannot have effect on rights and/liabilities existing prior to its creation/commencement. (SC on HDP v Peter Obi)

It is settled law that the applicable law is the law in existence at the time the cause of action arose and not the law in force at the time of instituting the action or time of judgment (SC on Adigun vs Ayinde)

...Based upon the presumption that a legislature does not intend what is unjust, the Courts have always leaned against giving statutes a retrospective effect and usually regard them as applying to facts or matters which come into existence after the statutes were passed unless it is clearly shown that a retrospective effect was intended by the Legislature. (SC in Afolabi v Gov of Oyo).

....But it should be emphasised that an interpretation giving a retrospective effect to a statute’ should not be readily accepted where that would affect vested rights or impose liability or disqualification for past events. (SC in Adesanoye v Adewole)


Falana's argument is different....The SC refused Ladoja because he was sworn-in as an elected Gov before his impeachment. They are very different. Jonathan wasn't in 2010.

The law is not retrospective and retroactive. Simple

fergie001:

Is the law retrospective?

The SC Judges will ask: What is the cause of action of your suit?

When you answer that, they will ask you:
Is it a pre-election matter?

eldoradoxx:

I don't want to be drawn into long unnecessary argument on this. I know the basis of my argument and can defend anywhere, anyday and anytime. Perhaps u guys forgot that the former Governor of Yobe State Alh Geidam finished the tenure of his boss Late Senator Mamman Ali who died less than a year into his tenure. Then ran for the office of Governor for two more terms before handing over in 2019 to Mai Mala Bunni. He was not disqualified, the constitutional provision was also there.

sapele914:
Ask yourself, Is the election that Jonathan supposedly wants to contest, is it in the past or future?

If it is the future, why are we going to use an old law?, the new law says Jonathan is not eligible to contest.

sapele914:
The law is unambiguous & plain, man in his wisdom has made it complicated, it is simple, Jonathan cannot take the oath of office & be sworn in more than twice by the Chief Judge.

First time was after the death of Yaradua, second time when he won the 2011 election.

Assuming but not conceding, Let him contest & win, no Chief Judge of The Supreme Court of Nigeria will swear him in.

sapele914:
Matters of Law your Lordship, an interpretation based on the provisions of section 137(3) of the Constitution 1999 (As Amended).

DrGeoAngel:



Did Johnathan rape your wife?
Why have you been exercising your energy so much here ignorantly?

The law cannot take a RETROSPECTIVE OR RETROACTIVE action. Is that too difficult to understand?

fergie001:

Pre-election matters are to be filed no more than 14 days after the cause of action, counsel.

Section 285 of the 1999 CFRN is sacrosanct and the case is dismissed.

sapele914:
Jonathan that is not going to contest, how can he file a pre election issue, did you Jonathan Ebele Goodluck Azikiwe aka JEGA did you take part in the election? No, then what pre election matter are you filing?

sapele914:
Your Pride has been humbled, You now agree that Jonathan is ineligible?

fergie001:

It is settled law that the applicable law is the law in existence at the time the cause of action arose and not the law in force at the time of instituting the action or time of judgment.

fergie001:

We are all on the assumption he intends to.

DrGeoAngel:



Only God can help you see clearly, no one in Nairalamd can. I pity your type.

eldoradoxx:
The law cannot be interpreted retroactively. That provision means that after that constitution amendment was effected, anyone from that date henceforth who completes a tenure of another cannot be elected more than once. When Jonathan took over from Yar Adua, no such provision existed, therefore we cannot go backward to apply it to Jonathan. The law does not work that day. It is like u committed robbery today punishable by let's say 10 years imprisonment. Three months after ur arrest, National Assembly makes law that says that robbery is now punishable by death, how do you want the judge to now find u guilty and sentence you to death whereas at the date you committed the offence, it was only punishable by 10 years. Jonathan can run, there is absolutely no doubt about that.

eldoradoxx:
That law was made after Jonathan had taken over from Yar Adua. Laws have binding force from the date they are made, not prior to.

DrGeoAngel:



Thanks a bunch for enlightening me on this.

sapele914:
A man that is prohibited from contesting by the provisions of section 137(3) of the 4th alteration of the Constitution 1999 as Amended?

I was told the reason the white man, hid knowledge in the volumes of books, was because he knew that the black man will not read.

litigator:


I won’t join words with you. I simply asked that you speak on the provision of the constitution that he is not allowed to take Oath of office more than twice.

But then let me ask;

“if the law was amended to the effect that only a PhD holder can contest for the position of the President in 2019, will you say that because you contested with your OND certificate in 2015 before the law was enacted, you are, therefore , qualified to run for the office of the present in 2023?”

Your answer will determine my next response.

garfield1:


He is correct.you cannot spend more than 8 years or take oath thrice

vicdom:

una no dey rest?? This same matter was brought out during 2015 election and it was eventually laid to rest.

vicdom:

una no dey rest?? This same matter was brought out during 2015 election and it was eventually laid to rest.

fergie001:

I don't think Falana is correct. The cases are not same.

fergie001:


I don't think Falana is right:

A Cyriakos Njoku filed a suit at the FCT High Court on Jonathan's eligibility in 2014 and the case was thrown out. He appealed and in March 2015, the Appeal Court ruled that: Jonathan was only elected once in 2011 and had a right to contest in 2015, stating that he only completed Yar'Adua's tenure when he took the oath in 2010.

1. The SC has ruled on a similar issue;
Geidam for example, was sworn-in as Deputy-Gov in 2007. His Principal, Sen Mamman Ali died in January 2009, and Geidam was sworn-in, he contested the 2011 & 2015 elections and won and his eligibility status was contested down to the SC in Maihaja v Geidam 2017.

The SC said Geidam only did hold the fort in 2009 & was not elected Gov in 2009 but only in 2011 & 2015, hence he was eligible.

2. Section 137 became law in 2018 but the law is not retrospective.

This is in accord with common sense as a law yet to be in existence cannot have effect on rights and/liabilities existing prior to its creation/commencement. (SC on HDP v Peter Obi)

It is settled law that the applicable law is the law in existence at the time the cause of action arose and not the law in force at the time of instituting the action or time of judgment (SC on Adigun vs Ayinde)

...Based upon the presumption that a legislature does not intend what is unjust, the Courts have always leaned against giving statutes a retrospective effect and usually regard them as applying to facts or matters which come into existence after the statutes were passed unless it is clearly shown that a retrospective effect was intended by the Legislature. (SC in Afolabi v Gov of Oyo).

....But it should be emphasised that an interpretation giving a retrospective effect to a statute’ should not be readily accepted where that would affect vested rights or impose liability or disqualification for past events. (SC in Adesanoye v Adewole)


Falana's argument is different....The SC refused Ladoja because he was sworn-in as an elected Gov before his impeachment. They are very different. Jonathan wasn't in 2010.
Most learned on this platform, the reason I'm always thrilled reading your jurisprudent submission everytime. You are wise and reasonable who is always objective in political punditry not minding whose horse is gored. Unlike Garfield1 who sees black and call it white just to suit his partisan narratives. God bless you.

fergie001:

I don't think Falana is correct. The cases are not same.

vicdom:

God bless you.

sapele914:
State your reasons why you feel it doesn’t apply to him or anyone that has been sworn in President twice by the Chief Judge of The Federation

ejimatic:
In my opinion he is right GJ completed Yarafua tenure and took oath of office as the president .Later he took his second oath in 2014. How many times will he take oath as the president ? Section 139 FF is explicit enough to disqualify him.

olaric:


Did you say "remove Jonathan?" That means Yorubas are kingmakers. Seriously, I can't believe you are flying the ethnic kite here...