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Disobeying The Constitution Or The Electoral Act Is NOT An Internal Party Affair - Politics - Nairaland

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Disobeying The Constitution Or The Electoral Act Is NOT An Internal Party Affair by BluntCrazeMan: 3:14am On May 23, 2023
A lot of people were referring to the judgement of the Abuja Federal High Court, and that of the Appeal Court to continue to hold that PDP was meddling into the internal affairs of the APC...


The most important thing to note here is that “the Judgement of the Supreme Court would be the final interpretation”...


Now, I am not pre-empting the supreme court judgement.
But we all need to know that, when someone is outrightly disobeying the Constitution or the Electoral Act, then, anybody anywhere can take it up in the court and demand that the court would declare that he disobeyed the laws of the land, and then, be properly sanctioned according to the law; (unless of course, the law in question specially stipulated the persons who must take up such cases.. for instance issues arising from primaries, and election tribunals.. Cases of improper documentations, and improper conducts do not have specified persons who must take them up.).

If the person (or persons) clearly violated the CONSTITUTION OF THE PARTY, but they did not violate the Constitution or the Electoral Act in any way,, then the offence can be called an Internal Party Affair..

We should know where the Boundary Lines are drawn in all of these..

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Re: Disobeying The Constitution Or The Electoral Act Is NOT An Internal Party Affair by BluntCrazeMan: 3:15am On May 23, 2023
Now, let's discuss this one too..


Gerfield1, Penguin2, Racoon, Litigator, Fergie001.
Re: Disobeying The Constitution Or The Electoral Act Is NOT An Internal Party Affair by Jostoman: 3:58am On May 23, 2023
Am here to read comment and learn.
Re: Disobeying The Constitution Or The Electoral Act Is NOT An Internal Party Affair by Deemas(m): 5:22am On May 23, 2023
BluntCrazeMan:
A lot of people were referring to the judgement of the Abuja Federal High Court, and that of the Appeal Court to continue to hold that PDP was meddling into the internal affairs of the APC...


The most important thing to note here is that “the Judgement of the Supreme Court would be the final interpretation”...


Now, I am not pre-empting the supreme court judgement.
But we all need to know that, when someone is outrightly disobeying the Constitution or the Electoral Act, then, anybody anywhere can take it up in the court and demand that the court would declare that he disobeyed the laws of the land, and then, be properly sanctioned according to the law; (unless of course, the law in question specially stipulated the persons who must take up such cases.. for instance issues arising from primaries, and election tribunals.. Cases of improper documentations, and improper conducts do not have specified persons who must take them up.).

If the person (or persons) clearly violated the CONSTITUTION OF THE PARTY, but they did not violate the Constitution or the Electoral Act in any way,, then the offence can be called an Internal Party Affair..

We should know where the Boundary Lines are drawn in all of these..

Even my little daughter in KG 2 will remarkably comprehend what you've outlined here but the Nigeria's case is the one of the more you look the less you understand. Infact I read in someone's comment yesterday and I was like shocked shocked shocked
The person narrated how 2023 election was manipulated and rigged but have no choice than to support Tinubu because he is of the same region with him. Nigeria is built on false so it will be hard for the supreme court to deliver contrary to that of the appellate court.

What they're simply saying is that if you see your neighbour's son stealing, be mute because he is not son, infact I recall the appeal court calling PDP a busy body - very funny honestly.

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Re: Disobeying The Constitution Or The Electoral Act Is NOT An Internal Party Affair by fergie001: 5:56am On May 23, 2023
BluntCrazeMan:
Now, let's discuss this one too..

Gerfield1, Penguin2, Racoon, Litigator
In a nutshell, when the EA 2022 was been discussed at the NA, I complained about S29 especially, allowing only aspirants to take on issues like false declaration on oath etc.

I liked the fact that any person can challenge it but they did what they did and clothed only aspirants in many ways to do the challenging in Court.

It's the law, if I disobey the law and you do not have the jurisdiction to sue and the person who does sleeps on his/her case, then there is nothing one can do about it.

It is the lawmakers that should be questioned and not the Courts. The Judiciary simply interprets what the NASS members pass into law.

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Re: Disobeying The Constitution Or The Electoral Act Is NOT An Internal Party Affair by GeneralPula: 6:20am On May 23, 2023
Emeka wants to re-write the law o

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Re: Disobeying The Constitution Or The Electoral Act Is NOT An Internal Party Affair by waledeji(m): 7:07am On May 23, 2023
GeneralPula:
Emeka wants to re-write the law o

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Re: Disobeying The Constitution Or The Electoral Act Is NOT An Internal Party Affair by BluntCrazeMan: 8:49am On May 23, 2023
fergie001:

In a nutshell, when the EA 2022 was been discussed at the NA, I complained about S29 especially, allowing only aspirants to take on issues like false declaration on oath etc.

I liked the fact that any person can challenge it but they did what they did and clothed only aspirants in many ways to do the challenging in Court.

It's the law, if I disobey the law and you do not have the jurisdiction to sue and the person who does sleeps on his/her case, then there is nothing one can do about it.

It is the lawmakers that should be questioned and not the Courts. The Judiciary simply interprets what the NASS members pass into law.
About the Section-29 of the Electoral Act 2022,, starting from Sub-Section-3 up to Sub-Section-7...
All these Sub-Sections are distinct..
None of them is a continuation of the other..

For instance,, Sub-Section-6 is not a continuation of Sub-Section-5..

Sub-Section-6 made it clear that if the Court determines that any of the information is wrong, then the candidate AND HIS POLITICAL PARTY should be disqualified..

This Sub-Section-6 shows that it must not be someone from within the party who must take the case to court, because, it clearly shows that such a person would definitely be fighting for the downfall of their party, which is not ideal.

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Re: Disobeying The Constitution Or The Electoral Act Is NOT An Internal Party Affair by BluntCrazeMan: 8:51am On May 23, 2023
GeneralPula:
Emeka wants to re-write the law o
The Laws is there.

Nobody is re-writing anything here.
Re: Disobeying The Constitution Or The Electoral Act Is NOT An Internal Party Affair by fergie001: 9:02am On May 23, 2023
BluntCrazeMan:
About the Section-29 of the Electoral Act 2022,, starting from Sub-Section-3 up to Sub-Section-7...
All these Sub-Sections are distinct..
None of them is a continuation of the other..

For instance,, Sub-Section-6 is not a continuation of Sub-Section-5..

Sub-Section-6 made it clear that if the Court determines that any of the information is wrong, then the candidate AND HIS POLITICAL PARTY should be disqualified..
Sub-Section 6 is a continuation of 5.

An aspiramt .....

This Sub-Section-6 shows that it must not be someone from within the party who must take the case to court, because, it clearly shows that such a person would definitely be fighting for the downfall of their party, which is not ideal.
We have seen it before though...
Zamfara scenario
Re: Disobeying The Constitution Or The Electoral Act Is NOT An Internal Party Affair by BluntCrazeMan: 9:14am On May 23, 2023
fergie001:

Sub-Section 6 is a continuation of 5.

An aspiramt .....

We have seen it before though...
Zamfara scenario
Then,, what was the need for Sub-Section-3 where the INEC is mandated to publicize the Nomination forms and particulars and credentials and affidavits of the Nominated Candidates within 7 days.

And Sub-Section-4 where ANY PERSON can apply to have the CTCs of these documents...


If only the Aspirants are the ones that are supposed to be the only ones who might question these documents, why then were these documents made easily available and accessible to the general public.??
Re: Disobeying The Constitution Or The Electoral Act Is NOT An Internal Party Affair by obi4eze(m): 9:23am On May 23, 2023
There will be more confusion and dissention as May 29 draws nearer. And on that day, there will be crises and Tinubu will NOT be sworn-in as President. Watch and see.
Re: Disobeying The Constitution Or The Electoral Act Is NOT An Internal Party Affair by BluntCrazeMan: 9:45am On May 23, 2023
Lalasticlala, Seun, Nlfpmod
Re: Disobeying The Constitution Or The Electoral Act Is NOT An Internal Party Affair by BRIMBRAM: 9:58am On May 23, 2023
obi4eze:
There will be more confusion and dissention as May 29 draws nearer. And on that day, there will be crises and Tinubu will NOT be sworn-in as President. Watch and see.

One thing I love Tinubu for is, his countless times of always proofing his oppositions wrong. grin

He will proof you all wrong again and again. While you will cry again and again. grin

As e dey e pain dem e dey sweet us, as e dey sweet us, e dey pain dem. grin

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Re: Disobeying The Constitution Or The Electoral Act Is NOT An Internal Party Affair by BRIMBRAM: 10:02am On May 23, 2023
This thread is mere academics. Friday is 3 days to inauguration. grin
Re: Disobeying The Constitution Or The Electoral Act Is NOT An Internal Party Affair by fergie001: 10:42am On May 23, 2023
BluntCrazeMan:
Then,, what was the need for Sub-Section-3 where the INEC is mandated to publicize the Nomination forms and particulars and credentials and affidavits of the Nominated Candidates within 7 days.
So that an aspirant can challenge same.

And Sub-Section-4 where ANY PERSON can apply to have the CTCs of these documents...

If only the Aspirants are the ones that are supposed to be the only ones who might question these documents, why then were these documents made easily available and accessible to the general public.??
So that their fellow aspirants can challenge that.

This to my knowledge covers especially false declaration or affidavit on oath... It doesn't affect forgery

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