DeLaRue:


You are so wrong.

Yes, a President can issue an order. However, such order is only enforceable if it was made in a valid exercise of the President’s power (i.e. the order must be within the president’s constitutional authority.

Who determines the President's constitutional authority ? - the Supreme Court!

If the Supreme Court gives an order concerning a President's order, the Supreme Court's order immediately supersedes the President's order.

One exception would be if the constitution was suspended due to war.

And constitution amendment is done by the legislative.

They have the power to strip the president of certain powers.

AfricanColumbus:

No, the state governors don't have that power.

God bless you AfricanColumbus.

BluntCrazeMan:
**(NOTE: A “SUPREME-COURT-ORDER” IS TOTALLY DIFFERENT FROM “SUPREME-COURT-JUDGEMENT”, EITHER IN SUBSTANCE OR IN AUTHORITY..)


So, let us go straight to the series of Questions...

1. Between a “Supreme-Court Order” and a “Presidential Address”, which one supersedes the other??


2. Between a “Supreme-Court Judgement” and an “Executive Order” by the President, which one supersedes the other??

3. Between the powers and authorities of the Judicial Arm of Government, and those of the Executive Arm of Government, which one supersedes the other??



I'm here to learn more about the interpretation of the constitution with regards to the powers that be.

A better appreciation of the concept of the Rule of Law and the doctrine of Separation of Powers by the three arms of Government could have saved our nation.
The concept of the Rule of Law says before the law, all are equal, the Constitution is supreme and fundamental rights must be respected. The doctrine of Separation of Powers states that the three arms of Government are equal partners and no one is subservient to the other. However, there must be checks and balances so that none becomes power drunk. It is the duty of and within the prerogatives of the head of the Executive arm of Government to make an Executive Order giving effect to the redesign of the Naira in line with the provisions of the relevant laws. Note that there are also procedures laid down pre and post the process under reference. Some Governors of certain States have approached the Judiciary to invoke its jurisdiction in order to challenge the exercise of the Powers of the head of the Executive arm and they filed an application praying the court to order the Executive arm to maintain the status quo pending the determination of the substantive suit and the apex court has granted that order. Initially, the Executive arm flouted that Order. Now it has observed to obey in flagrant breach by Variating the said Order. Does the Executive have such powers? I would say no. An Order of Court must be obeyed until same is set aside. Someone should please tell Mr President that no arm of Government is subservient to the other and he is not above the law.

"This is an answer given to your question by a learned colleague"

perpeling22:


God bless you AfricanColumbus.

Bless you too

AfricanColumbus:
Nothing supercedes a presidential executive order. It can only be revoked by the president himself if it is deemed to be grossly unconstitutional.

Presidential executive orders are final.


For the number 3 question, the executive and judiciary are equal, but the head of the executive (president) supercedes all in the land.

so you are telling me the president can just wake up one day and decide he want to sell Nigeria. and its constitutionally right for him to do so.

Like he will just meet up with Russia or North Korea. With price tag of £1billon to sell Nigeria, receive the money in his account and issue a press conference that "listen everyone as the president of Nigeria I am giving an executive order that I have sold Nigeria to Russia.

All of us will now clap for him that he is exercising his executive order abi. Mumu

MuMu Man 👨 no be no be APC go collect benue state? Just Dey full your self

AfricanColumbus:
Nothing supercedes a presidential executive order. It can only be revoked by the president himself if it is deemed to be grossly unconstitutional.

Presidential executive orders are final.

For the number 3 question, the executive and judiciary are equal, but the head of the executive (president) supercedes all in the land.

Just look at you. If a presidential order supersedes a Supreme Court order or judgement, is that not plain anarchy and military government. Come back and say this when the president makes an order banning you from practicing your religion and the supreme Court says no.

Disputes or cases between State Government(s) and Federal Government can be heards directly by the Supreme Court. In this case, the Federal Government who is the employer of CBN Governor has been sued by the State Governors who has full responsibility to protect their territories from Civil Unrest that is likely to come up which has already started now.

The Supreme Court would not have entertain the case if CBN was joined in the suit but as long its between Federal Government & State, Supreme Court can actually adjudicate on it. The address by Buhari in disobedience to SC injunctions is premised on the fact that he think that he has immunity as a president and also want to still achieve his goal at the expense of the masses which is not good for our democracy. No matter how good his intentions are according to his address.

On the 22nd of February 2023, the Supreme Court will hear the case and give judgement

My Opinion

AfricanColumbus:



The supreme court should ordinarily not have entertained the case at all. It's now an exercise in futility and a mockery of the judiciary.

AfricanColumbus:



The president has all the powers that be.

So the president is the constitution himself?

AfricanColumbus:



The supreme court should ordinarily not have entertained the case at all. It's now an exercise in futility and a mockery of the judiciary.

Lawan case comes to mind...

All the numerous sins of the dullardin-ho has been forgiven. Buhari is now giving me joy.

AfricanColumbus:
Nothing supercedes a presidential executive order. It can only be revoked by the president himself if it is deemed to be grossly unconstitutional.

Presidential executive orders are final.


For the number 3 question, the executive and judiciary are equal, but the head of the executive (president) supercedes all in the land.

It is advisable to get yourself properly informed before answering questions in the public to avoid disseminating wrong information.

Who told you Presidential Executive Orders are final and can only be revoked by him? Did you not read that the Supreme Court quashed and set aside Buhari's Executive Order 10 last year?

https://guardian.ng/news/supreme-court-throws-out-buharis-executive-order-10/

If a Presidential Address is in conflict with a Supreme Court Order as happened recently with Buhari's address on the Naira Redesign and Currency Swap, the Supreme Court Order takes precedence. What Buhari has done is contempt of court but because he enjoys immunity he is not afraid of being punished.

No one, including Buhari, is above the Constitution and Laws of the Federation of Nigeria. And it is the Supreme Court that is the final interpreter of the Constitution and the Laws of the land.

The Executive arm by virtue of the fact that it controls and allocates the resources of the country, is able to exhibit more power and authority than the other arms of Government. But each has its duties and responsibilities and applicable limits.

BluntTheApostle:





The Supreme Court does not dabble into matters.



Rather, matters are brought to the hearing of the Supreme Court.




Some state governments brought a suit against FG.



The Supreme Court has original jurisdiction in matters between the Federation and states.



Buhari should have respected the Supreme Court order to suspend the implementation of the deadline of the old notes swap until further hearing.

This matter involves the CBN..as monetary issues concerns.So what has Federal Government got to do with that.

The goons didn't even study the Constitution before rushing to sue the federal government..

The Supreme court is the Supreme Court.

Can the President give an order after the election to decide the next President of Nigeria if there is an agitation from political parties on election rigging?

Political parties will go to court to resolve the issue to determine the next President of Nigeria.

The President cannot decide on this matter. It is only the Supreme Court.

However, the President can use his power to override the Supreme court judgement and that is against the rule of law.

The Supreme court is supreme.

MiaBeer:

Your mumu is riding okada without helmet in Agege right now

Why can't you answer the simple questions? Don't you have access to.the same constitution?

In which of your elementary school were you taught that "the executive arms of government leads other arms of government"? Can you show me where it is stated in the constitution?

Which law in Nigeria states that "The president holds the last order in the country and not the other arms of government"?

Where did you get this from:

"What the executive order does is that, it gives the president in recent times, the ability to churn out Executive Orders in the form of 'laws seeking to regulate the activities of the other arms of government."

Who told you that the president can regulate the other arms of govt? Where is it in the constitution?

You claim that "By appointment the heads of other arms of government, it means the president is paramount to other authorities".

Is that what the constitution says? Which arms of govt does the president appoints heads?

When the chief justice of the federation swears in the president, what does that mean?

How does the president appointing judges into the supreme court automatically mean that the president isn't subject to an order given by the court? Can you show me where it is in the constitution?

AfricanColumbus:



The don't have the required jurisdiction on monetary policies.

kindly explain how you arrived at that conclusion and help us with the law that backs up your claim.

also, help me out with the various areas the supreme court has jurisdiction to adjudicate on and the areas it doesnt have jurisdiction to adjudicate on

Nwaide01:
We are all here to learn,the op asked a question about which orders supersede each other between the SC and the president. (Mind you we're not talking about judgement here.) Then in the course of the discuss two important issues come up: 1 who enforces the other of the SC and 2 what is the executive list.

what has that got to do with the following questions? kindly read the post i responded to and Kindly answer my questions one after the other

1. Which veto power does the president have and how is it related to presidential address?

2 How does everything you said now automatically mean that a presidential address supercedes a court order?

3. If you say that an order given by the president isn't law, how then does it supercede a court order?

Freebills12:
[color=#000099][/color]

I like your reaction! The case should have CBN as a party to it, hence Supreme Court has no right to entertain it. If the Supreme Court mandate FG to issue order to CBN then the case should be thrown out. It is high court that should adjudicate on that.

offpoint. you didnt answer the questions.

How can the supreme court not issue order to FG to issue to CBN?

How is cbn independent to the point where it is exempt from obeying court orders? Where is that in the constitution?

Is inec not independent? Can the supreme court grant an order to inec in a case brought to it concerning inec?

Is DSS independent? Can the supreme court grant an order to inec in a case brought to it concerning DSS?

how does the supreme court not have the right to entertain the case?

can you show me the law that says that the supreme court can entertain some cases and not entertain some?

what are the cases the supreme court can entertain and those it can?

Niwdog:
my question for you is
Naira redisign constitutional or unconstitutional? If yes why is it then brought to the supreme court

Offpoint. Can you kindly answer the following questions?

How does the supreme court not have jurisdiction over monetary policies?

Does it exempt the supreme court from adjudicating on a case relating to monetary policies?

Are there any matters that the supreme court can't adjudicate on?

ejimatic:
. Yes I agree but its order must be followed before the judgement will be given!

of course

lexy2014:


Why can't you answer the simple questions? Don't you have access to.the same constitution?

In which of your elementary school were you taught that "the executive arms of government leads other arms of government"? Can you show me where it is stated in the constitution?

Which law in Nigeria states that "The president holds the last order in the country and not the other arms of government"?

Where did you get this from:

"What the executive order does is that, it gives the president in recent times, the ability to churn out Executive Orders in the form of 'laws seeking to regulate the activities of the other arms of government."

Who told you that the president can regulate the other arms of govt? Where is it in the constitution?

You claim that "By appointment the heads of other arms of government, it means the president is paramount to other authorities".

Is that what the constitution says? Which arms of govt does the president appoints heads?

When the chief justice of the federation swears in the president, what does that mean?

How does the president appointing judges into the supreme court automatically mean that the president isn't subject to an order given by the court? Can you show me where it is in the constitution?

Taking your medication as prescribed will help you immensely.

AfricanColumbus:




If he gives directives during the address, all directives therein are executive orders, carried out with immediate effect.

This is an Abacha Republic. During Obj’s time, he gave a presidential address on Sharia… and fellow nothern governors carried on as usual. Only an act by NASS signed by the president can override CBN’s power.

MiaBeer:

Taking your medication as prescribed will help you immensely.

In which of your elementary school were you taught that "the executive arms of government leads other arms of government"? Can you show me where it is stated in the constitution?

Which law in Nigeria states that "The president holds the last order in the country and not the other arms of government"?

Where did you get this from:

"What the executive order does is that, it gives the president in recent times, the ability to churn out Executive Orders in the form of 'laws seeking to regulate the activities of the other arms of government."

Who told you that the president can regulate the other arms of govt? Where is it in the constitution?

You claim that "By appointment the heads of other arms of government, it means the president is paramount to other authorities".

Is that what the constitution says? Which arms of govt does the president appoints heads?

When the chief justice of the federation swears in the president, what does that mean?

How does the president appointing judges into the supreme court automatically mean that the president isn't subject to an order given by the court? Can you show me where it is in the constitution?

ReubenE:


The Supreme Court does not have original jurisdiction on criminal matters for example, and this very case brought before it by the States, but adjudicate on all appellate cases from the Court of Appeal.
It has original jurisprudence on all appellate cases. Then it has original jurisdiction on disputes between the FG and States, or States vs States that require constitutional interpretation.

The plaintiff that took the Federal Government to the Supreme Court know what they are doing that's why they willfully avoided adding CBN to the suit, which in this case they claim to have issues with its policy. They know the Order of the Supreme Court is binding and it gives room for no ambiguity in its authority that's why they took the case there instead of the High Court. They did it to buy time because if it is taken to the High Court which it originally should, the FG might file another case in another Court of equal jurisdiction which may not serve the interest of the Govs. They are not even interested in whatever judgement that may come forth because the primary reason is to buy time and that is the very reason why new States are joining the suit, they will continue to do so and the case would be adjourned till when their original intent is met.

El Rufai already gave a snippet of what they are trying to do with his broadcast, which is to allow the use of the old notes till election, then after that, it is no longer their business and Nigerians can continue their suffering from there.

The Supreme Court only has original jurisdiction to hear this case on appeal but allowed itself to be used by politicians thereby bringing the current ignominy upon itself where its authority is at the verge of been ridiculed.

this why when you asked a simple question, dont answer with plenty grammr. you just ended up contradicting yourself as highlighted above.

is the case before the supreme court a criminal matter?

How does the supreme court not have jurisdiction over monetary policies?

Does that exempt it from adjudicating on a case relating to monetary policies?

lexy2014:



In which of your elementary school were you taught that "the executive arms of government leads other arms of government"? Can you show me where it is stated in the constitution?

Which law in Nigeria states that "The president holds the last order in the country and not the other arms of government"?

Where did you get this from:

"What the executive order does is that, it gives the president in recent times, the ability to churn out Executive Orders in the form of 'laws seeking to regulate the activities of the other arms of government."

Who told you that the president can regulate the other arms of govt? Where is it in the constitution?

You claim that "By appointment the heads of other arms of government, it means the president is paramount to other authorities".

Is that what the constitution says? Which arms of govt does the president appoints heads?

When the chief justice of the federation swears in the president, what does that mean?

How does the president appointing judges into the supreme court automatically mean that the president isn't subject to an order given by the court? Can you show me where it is in the constitution?

Back 2 Sender

In which of your elementary school were you taught that "the executive arms of government leads other arms of government"? Can you show me where it is stated in the constitution?

Which law in Nigeria states that "The president holds the last order in the country and not the other arms of government"?

Where did you get this from:

"What the executive order does is that, it gives the president in recent times, the ability to churn out Executive Orders in the form of 'laws seeking to regulate the activities of the other arms of government."

Who told you that the president can regulate the other arms of govt? Where is it in the constitution?

You claim that "By appointment the heads of other arms of government, it means the president is paramount to other authorities".

Is that what the constitution says? Which arms of govt does the president appoints heads?

When the chief justice of the federation swears in the president, what does that mean?

How does the president appointing judges into the supreme court automatically mean that the president isn't subject to an order given by the court? Can you show me where it is in the constitution?

MiaBeer:
Back 2 Sender

In which of your elementary school were you taught that "the executive arms of government leads other arms of government"? Can you show me where it is stated in the constitution?

Which law in Nigeria states that "The president holds the last order in the country and not the other arms of government"?

Where did you get this from:

"What the executive order does is that, it gives the president in recent times, the ability to churn out Executive Orders in the form of 'laws seeking to regulate the activities of the other arms of government."

Who told you that the president can regulate the other arms of govt? Where is it in the constitution?

You claim that "By appointment the heads of other arms of government, it means the president is paramount to other authorities".

Is that what the constitution says? Which arms of govt does the president appoints heads?

When the chief justice of the federation swears in the president, what does that mean?

How does the president appointing judges into the supreme court automatically mean that the president isn't subject to an order given by the court? Can you show me where it is in the constitution?

In which of your elementary school were u taught that "the executive arms of government leads other arms of government"? Can you show me where it is stated in the constitution?

Which law in Nigeria states that "The president holds the last order in the country and not the other arms of government"?

Where did you get this from:

"What the executive order does is that, it gives the president in recent times, the ability to churn out Executive Orders in the form of 'laws seeking to regulate the activities of the other arms of government."

Who told you that the president can regulate the other arms of govt? Where is it in the constitution?

You claim that "By appointment the heads of other arms of government, it means the president is paramount to other authorities".

Is that what the constitution says? Which arms of govt does the president appoints heads?

When the chief justice of the federation swears in the president, what does that mean?

How does the president appointing judges into the supreme court automatically mean that the president isn't subject to an order given by the court? Can you show me where it is in the constitution?

DeLaRue:


You are so wrong.

Yes, a President can issue an order. However, such order is only enforceable if it was made in a valid exercise of the President’s power (i.e. the order must be within the president’s constitutional authority.

Who determines the President's constitutional authority ? - the Supreme Court!

If the Supreme Court gives an order concerning a President's order, the Supreme Court's order immediately supersedes the President's order.

One exception would be if the constitution was suspended due to war.

Don't mind these people vomiting ignorance on this thread.
They didn't ask themselves if the president could issue an executive order to stop an investigation against himself.
In the event of a serious crisis like a war, even the powers of the president are clearly stated in the constitution.

lexy2014:



In which of your elementary school were you taught that "the executive arms of government leads other arms of government"? Can you show me where it is stated in the constitution?

Which law in Nigeria states that "The president holds the last order in the country and not the other arms of government"?

Where did you get this from:

"What the executive order does is that, it gives the president in recent times, the ability to churn out Executive Orders in the form of 'laws seeking to regulate the activities of the other arms of government."

Who told you that the president can regulate the other arms of govt? Where is it in the constitution?

You claim that "By appointment the heads of other arms of government, it means the president is paramount to other authorities".

Is that what the constitution says? Which arms of govt does the president appoints heads?

When the chief justice of the federation swears in the president, what does that mean?

How does the president appointing judges into the supreme court automatically mean that the president isn't subject to an order given by the court? Can you show me where it is in the constitution?

In which of your urchins school were you taught how to collect motor parks tickets for Mc Oluomo? Can you show me where it is stated in the constitution?

Which law in Nigeria states that "The president holds the last order in the country and not the other arms of government"?

Where did you get this from:

"What the executive order does is that, it gives the president in recent times, the ability to churn out Executive Orders in the form of 'laws seeking to regulate the activities of the other arms of government."

MiaBeer:

In which of your urchins school were you taught how to collect motor parks tickets for Mc Oluomo? Can you show me where it is stated in the constitution?

Which law in Nigeria states that "The president holds the last order in the country and not the other arms of government"?

Where did you get this from:

"What the executive order does is that, it gives the president in recent times, the ability to churn out Executive Orders in the form of 'laws seeking to regulate the activities of the other arms of government."

In which of your elementary school were you taught that "the executive arms of government leads other arms of government"? Can you show me where it is stated in the constitution?

Which law in Nigeria states that "The president holds the last order in the country and not the other arms of government"?

Where did you get this from:

"What the executive order does is that, it gives the president in recent times, the ability to churn out Executive Orders in the form of 'laws seeking to regulate the activities of the other arms of government."

Who told u that the president can regulate the other arms of govt? Where is it in the constitution?

You claim that "By appointment the heads of other arms of government, it means the president is paramount to other authorities".

Is that what the constitution says? Which arms of govt does the president appoints heads?

When the chief justice of the federation swears in the president, what does that mean?

How does the president appointing judges into the supreme court automatically mean that the president isn't subject to an order given by the court? Can you show me where it is in the constitution?

lexy2014:


I am loser and an urchin. That’s why I copy and post the same rubbish all the time

At least you’re honest about your life. Too bad for you. Where are you going to get your next ogogoro?