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S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act - Politics (3) - Nairaland

Nairaland Forum / Nairaland / General / Politics / S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act (19300 Views)

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Re: S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by JosephXavier: 12:08pm On Jun 24, 2022
Miracle2020:
you should be thankful to buhari for allowing free and fair judgement. Other presidents would have use their power to get judgement to their side.

Free and fair judgment

How come nobody is gearing of the revenue and tax battle battle between FG an states?

What do you think the president is doing about it that for close to a year, the Supreme Court couldn't decide a case while they have delivered over 10 judgment that were filed after it?
Re: S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by duwdu: 12:08pm On Jun 24, 2022
fergie001:
The legal provision bars political appointees at any level from being a voting delegate or be voted for primary election purposes.




|SOURCE|

"In a judgment on Friday, a seven-member panel of the apex court, headed by Justice Musa Dattijo the Mohammed, was unanimous in holding that Buhari, having participated in the making of the law by assenting to it, could not turn around to fault its provisions."

The part of the quote I've put in bold and italics characters has been my line of reasoning and commentary on this matter all along.

It was also what made me postulate that President Buhari would never sign off on the further amendment of the same already signed law praying that the inadvertently(?) omitted statutory delegates be added to Section 8 (4.)

President Buhari has no others but himself — along with his pedestrian and insincere lieutenants, including AGF Malami — for the bad bruises his government has suffered as a result of this judgment and some other judicial pronouncements here at home and abroad.

Overall, the judgment is a very solid and sound one!

Kudos to the SC for towing this line of judgment.

........
P34c3
Re: S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by duwdu: 12:12pm On Jun 24, 2022
nairavsdollars:
I hate hearing that name Abubakar Malami. I wish he had contest for presidency and resigned

Me, too.

........
P34c3
Re: S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by Ojuntana: 12:14pm On Jun 24, 2022
garfield1:



It technically means that section 84 (12) is deleted.but I think the supreme court is wrong here to an extend.while buhari should not attack what he signed,he can if he was misled.again,buhari did not direct them to amend it.he was only appealing to them.there is no where the principle of separation of powers was abused
First time we agree. The judgment is indeed wrong!!
Re: S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by Ojuntana: 12:15pm On Jun 24, 2022
garfield1:


True but they hid under the wrong technicalities.they even compounded the issues

I'm surprised you're thinking straight this morning. What happened? Your wife gave birth? grin grin
Re: S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by fergie001: 12:16pm On Jun 24, 2022
Ojuntana:

I am no longer understanding. The prevalent interpretation given at that time by most lawyers even on TV was that the judgement nullifying that section was an opinion of the court and thus not a binding judgment. This your own angle is strange to what was in the public domain then.
I have the complete judgement of the Court....I can tell you it's not an opinion. However, once there is a case of lack of jurisdiction, the case is dead no matter how good the merit of that case stands.
What it invariably means is that: The case lacks Jurisdiction, but the merits of the case means that Section is deleted.

Secondly, is the SC right to claim the letter sent by Buhari to NASS constitutes a directive? The President has an official line of communication with the NASS through which he makes his requests and I remember the letter was read on both floors of NASS and subjected to a motion. So, I don't understand why SC will claim the President was "directing" NASS. When he lays the budget and other Executive bills before them, is he also "directing" them? Besides, I personally interpret the need for the President to sign laws as a sign he is part of the legislature in function. So I don't see how him signing the law stops him from making a request to amend the law. Is SC saying the only option available to the president is to withhold assent where he's uncomfortable with a certain aspect of a bill? I think that's going too far!!
Well, what I feel is that:
They know the merits of the case will support that of the Appeal Court but for some other technical reasons will not stand.

I will send you some screenshots of the Judgement.
Re: S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by Miracle2020: 12:21pm On Jun 24, 2022
JosephXavier:


Free and fair judgment

How come nobody is gearing of the revenue and tax battle battle between FG an states?

What do you think the president is doing about it that for close to a year, the Supreme Court couldn't decide a case while they have delivered over 10 judgment that were filed after it?
ask the judges. There are some cases that involves poor Nigerians,those cases are more than 20 years. The corrupt judges just want to milk some states before passing the judgement.

1 Like

Re: S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by Ojuntana: 12:22pm On Jun 24, 2022
linearity:


For you to approach any court for anything you must have standing…That is the very first thing all courts checked off before looking into your case.

And to have standing, you must be ‘injured’, the Court is simply saying that having fully participated in making the law, Buhari can not turn around and claim injury from the same law he participated in birthing.

Therefore, he does not have standing. Malami is also part of the Executive branch of government who Buhari overseas and represents while birthing this new law, he does not having standing either.
Why will the SC say he does not have standing simply because he signed the law? Buhari signed PIB and then sent a request for amendment to NASS and it was entertained and even passed. Is the SC by this judgement saying that particular PIB is now null and void?
Abeggi!! Tanko and his "brothers" too dey lana.

I also don't agree with you that because Malami is part of the executive, he cannot have standing. Malami does not decide for the President. As a matter of fact, Malami can tell the President to not assent to a bill and the President will choose to do otherwise. Maybe the SC is talking about his office as AG but even if that is the case, his office does not represent the president but the people. So I believe the judgement is faulty.
Re: S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by Ojuntana: 12:27pm On Jun 24, 2022
fergie001:

I have the complete judgement of the Court....I can tell you it's not an opinion. However, once there is a case of lack of jurisdiction, the case is dead no matter how good the merit of that case stands.
What it invariably means is that: The case lacks Jurisdiction, but the merits of the case means that Section is deleted.


Well, what I feel is that:
They know the merits of the case will support that of the Appeal Court but for some other technical reasons will not stand.

I will send you some screenshots of the Judgement.

Ok na. I'll like to see it. If that is the case, it implies too many people are political in this country and simply go about causing confusion for their own selfish interests. I remember it was a senior lawyer, I think Falana or so who appeared on Channels then and claimed it is just an opinion of the court and thus 84(12) was still alive and kicking since the court already declined jurisdiction. The thing is turninoniown sha

What technical reason other than the one they're claiming
Re: S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by garfield1: 12:29pm On Jun 24, 2022
Ojuntana:


I'm surprised you're thinking straight this morning. What happened? Your wife gave birth? grin grin

You are not good in humour.it doesnt take rocket science to know that I am very single.marital things do not titillate me
Re: S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by fergie001: 12:30pm On Jun 24, 2022
garfield1:
It technically means that section 84 (12) is deleted, but I think the supreme court is wrong here to an extent.while buhari should not attack what he signed,he can if he was misled. Again, Buhari did not direct them to amend it. He was only appealing to them. There is no where the principle of separation of powers was abused.
I agree with the bolded, only them can still change it when it comes back to them because the Appeal Court has taken a position already.

Ojuntana......Appeal Court Judgement. (Some screenshots)

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Re: S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by Ojuntana: 12:32pm On Jun 24, 2022
garfield1:


You are not good in humour.it doesnt take rocket science to know that I am very single.marital things do not titillate me

What?!! Why? So you mean all those calabar chicks are not good enough for you? Are you one of "them"?

1 Like

Re: S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by garfield1: 12:32pm On Jun 24, 2022
Ojuntana:

First time we agree. The judgment is indeed wrong!!

Yes.buhari never interfered in legislative duties,he simply appealed to them to amend that section.he signed it because it was long overdue.infact,buhari appealing to nass to amend and even taking them to court is in obedience to separation of powers.he could have armtwisted them.the apex judges were just blabbing in absence of what to say.

1 Like

Re: S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by fergie001: 12:34pm On Jun 24, 2022
Ojuntana (contd)

Re: S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by garfield1: 12:34pm On Jun 24, 2022
Ojuntana:


What?!! Why? So you mean all those calabar chicks are not good enough for you? Are you one of "them"?

Dating girls is different from marrying them.marriage is forever so one has to take time before taking the plunge...but it won't be a calabar girl.I prefer upper cross river or ibo
Re: S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by Ojuntana: 12:38pm On Jun 24, 2022
fergie001:
I agree with the bolded, only them can still change it when it comes back to them because the Apepal Court has taken a position already.

Ojuntana......Appeal Court Judgement. (Some screenshots)

Your third screenshot actually supports those who say that part of the judgment is actually an opinion. The judgement is offering its opinion in anticipation of the case going to a higher court to save "precious time and cost" to quote directly.

That means those lawyers were right. Section84(12) stands

1 Like

Re: S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by Ojuntana: 12:40pm On Jun 24, 2022
garfield1:


Dating girls is different from marrying them.marriage is forever so one has to take time before taking the plunge...but it won't be a calabar girl.I prefer upper cross river or ibo

Ogoja? Are you kidding me? Calabar and those Efik girls are finer now. Or are you from there and worried about language barrier?

Igbo? You must be a millionaire cheesy cheesy
Re: S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by Yankee101: 12:42pm On Jun 24, 2022
Simple
Re: S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by garfield1: 12:43pm On Jun 24, 2022
fergie001:
Ojuntana (contd)



I understand now.the disputed sub section violates the constitution and should be voided as I've always held.but because of mere technicalities like the applicant not having the locus standi, section 84(12) will stand tentatively and on a shaky mode.if an affected person institutes a new suit,it will obviously be repealed...I think we should get to a point where constitutional provisions should overtake technicalities after all the constitution is superior to every other matter.it should be put first before any other consideration...


Please,help me with the full judgment of diri vs degi supra in pdf

1 Like

Re: S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by garfield1: 12:43pm On Jun 24, 2022
Ojuntana:


Your third screenshot actually supports those who say that part of the judgment is actually an opinion. The judgement is offering its opinion in anticipation of the case going to a higher court to save "precious time and cost" to quote directly.

That means those lawyers were right. Section84(12) stands


Yes for now
Re: S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by Ojuntana: 12:45pm On Jun 24, 2022
garfield1:


Yes.buhari never interfered in legislative duties,he simply appealed to them to amend that section.he signed it because it was long overdue.infact,buhari appealing to nass to amend and even taking them to court is in obedience to separation of powers.he could have armtwisted them.the apex judges were just blabbing in absence of what to say.

I totally agree. Maybe the judges are angry with Buhari over something and just looking to get back at him. Or maybe it is still the Tanko matter that is making them become more rebellious and throwing tantrums at Buhari for removing a more sensible Onnoghen and putting a Tanko grin grin

Though I must say I was massively disappointed you supported the removal of your kinsman then for obviously petty infractions that almost everyone in the public service is guilty of. I expected better from you
Re: S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by ozo13(m): 12:46pm On Jun 24, 2022
oshozondii:
Malami in da mud
he was smart not to have continue chasing ghost else APC wouldn't have had any candidate in some state
Re: S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by fergie001: 12:47pm On Jun 24, 2022
Ojuntana:


Your third screenshot actually supports those who say that part of the judgment is actually an opinion. The judgement is offering its opinion in anticipation of the case going to a higher court to save "precious time and cost" to quote directly.

That means those lawyers were right. Section84(12) stands
Go to the first page, you will see resolutions. What is a resolution?
a firm decision to do or not to do something.

The time and costs spoken about is if the issues are not treated, the Supreme Court will send it back to the Appeal Court. When you strike out an appeal, also decide on the merits of the case so that the higher Court can see all the issues without sending it back to you. It was well-explained in Diri v ANDP by Ogbuinya JCA.

An Opinion will not form part of resolutions crafted therein.
Re: S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by garfield1: 12:48pm On Jun 24, 2022
Ojuntana:


Ogoja? Are you kidding me? Calabar and those Efik girls are finer now. Or are you from there and worried about language barrier?

Igbo? You must be a millionaire cheesy cheesy

It not about beauty or physique na.compatibility,character,family background,financial skills,health background etc follows.language is not an issue,I speak efik fluently.infact,language will be a barrier if I go to upper crs because every LGA there has different languages...as for Igbo,ebonyi and parts of abia are not expensive.I just prefer Igbo/upper crs
Re: S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by swissgoldenpro2: 12:50pm On Jun 24, 2022
This is serious
Re: S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by Ojuntana: 12:51pm On Jun 24, 2022
garfield1:




I understand now.the disputed sub section violates the constitution and should be voided as I've always held.but because of mere technicalities like the applicant not having the locus standi, section 84(12) will stand tentatively and on a shaky mode.if an affected person institutes a new suit,it will obviously be repealed...I think we should get to a point where constitutional provisions should overtake technicalities after all the constitution is superior to every other matter.it should be put first before any other consideration...


Please,help me with the full judgment of diri vs degi supra in pdf
Lol
You're yet to get over this? grin grin
I miss Justice Mary cry
Re: S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by fergie001: 12:51pm On Jun 24, 2022
garfield1:
I understand now.the disputed sub section violates the Constitution and should be voided as I've always held. But because of mere technicalities like the applicant not having the locus standi, section 84(12) will stand tentatively and on a shaky mode. If an affected person institutes a new suit,it will obviously be repealed...I think we should get to a point where constitutional provisions should overtake technicalities after all the constitution is superior to every other matter.it should be put first before any other consideration...
That's what I have been saying.

Please,help me with the full judgment of diri vs degi supra in pdf
I don't have the link....I have to send by screenshots. The Supreme Court Judgement abi?
Re: S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by Ojuntana: 12:53pm On Jun 24, 2022
garfield1:


It not about beauty or physique na.compatibility,character,family background,financial skills,health background etc follows.language is not an issue,I speak efik fluently.infact,language will be a barrier if I go to upper crs because every LGA there has different languages...as for Igbo,ebonyi and parts of abia are not expensive.I just prefer Igbo/upper crs

So you believe you can only be compatible with Igbo/Ogoja? That does not speak well of you as a modern and eclectic man. You're sounding like a tribal nigga

With all these other things wey you list so, your search go be ultimate search o. It go long and brutal gaaaan
Re: S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by Ojuntana: 12:54pm On Jun 24, 2022
fergie001:

Go to the first page, you will see resolutions. What is a resolution?
a firm decision to do or not to do something.

The time and costs spoken about is if the issues are not treated, the Supreme Court will send it back to the Appeal Court. When you strike out an appeal, also decide on the merits of the case so that the higher Court can see all the issues without sending it back to you. It was well-explained in Diri v ANDP by Ogbuinya JCA.

An Opinion will not form part of resolutions crafted therein.


But the end of it all, is that section 84(12) still stands. That's the final judgment. Don't twist words bros undecided
Re: S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by HakiimAlvista: 12:58pm On Jun 24, 2022
[/color][color=#000099][color=#000099][/color]
fergie001:
The legal provision bars political appointees at any level from being a voting delegate or be voted for primary election purposes.




|SOURCE|
Is this election going to be electronic or the usual way. Honest answers pls
Re: S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by garfield1: 12:58pm On Jun 24, 2022
Ojuntana:


I totally agree. Maybe the judges are angry with Buhari over something and just looking to get back at him. Or maybe it is still the Tanko matter that is making them become more rebellious and throwing tantrums at Buhari for removing a more sensible Onnoghen and putting a Tanko grin grin

Though I must say I was massively disappointed you supported the removal of your kinsman then for obviously petty infractions that almost everyone in the public service is guilty of. I expected better from you

Even before onnoghen was appointed,I foresaw it years ago and celebrated him.but I am not a biased fellow.that guy leans towards pdp and was careless plus he is notorious for impunity.his community is too domineering and hostile...I feel tanko has done better.under tanko,judges have more free hands plus delivering daring judgments...

Yes,they might be angry over that tanko issue but their anger should be with fg not tanko.it is just transferred aggression.in that tanko letter,there was hindsight.expenses are rising yet their budget are not increasing.it is static just like the finances of the average public servant.they should all go and meet the nass and demand for more funds
Re: S84(12): Supreme Court Strikes Out Buhari, Malami's Suit On Electoral Act by fergie001: 12:58pm On Jun 24, 2022
Ojuntana:
But the end of it all, is that section 84(12) still stands. That's the final judgment. Don't twist words bros undecided
It is on shallow grounds, I am not twisting anything.

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