BondRiv:


If they so please, as long they comply with the law. It is the job of electorates to choose legislators. The legislature is a branch of government like the judiciary. No one is superior to the other. The injunction is unconstitutional.

The Constitution of Nigeria is very clear on the issue of serving legislators moving from one political party to another. Section 68(1)(g) of the Constitution provides, thus:

“(1) A member of the Senate or of the House of Representatives shall vacate his seat in the House of which he is a member if…”

“(g) being a person whose election to the House was sponsored by a political party, he becomes a member of another political party before the expiration of the period for which that House was elected, Provided that his membership of the latter political party is not as a result of a DIVISION in the political party of which he was previously a member or of a MERGER of two or more political parties or FACTIONS by one of which he was previously sponsored;”

I hope this helps u

BondRiv:


I know the law. Take your so called explanation elsewhere. How can you explain what you don't know or understand? 🤡

It was you who claimed the court has to declare their seats vacant for the law to take effect

Kukutente23:

Let's assume you're right for a moment
You mean the Speaker will disobey the constitution he swore to uphold yet seek protection under same constitution? Maybe he should also go to court to claim he's still speaker.

But you're wrong. The process of giving effect is to make the declaration of vacant seat so that inec can be informed and make plans for replacement. Whether the speaker declares or not, the fact is that they have lost their seats the moment they defect. That's what section 109(g) says. What you're claiming is to put the losing of seats after defection at the discretion of the speaker. The SC made it clear there's nothing like that. You defect, you lose your seat regardless of whether the speaker declared or not.

Stop displaying crass ignorance by continually misinterpreting the Constitution to suit your fantasy!

Your hatred for Wike should not make you exposing legal illiteracy for the world to see.

Only an elected Speaker can give voice to that provision of the Constitution and the courts can even reverse it as well.

What part of simple English do you have problems with?

PortHarcourtcit:
fubara will be put to shame...

Na u and wike will be disgraced

OderaOdesigo:




Stop displaying crass ignorance by continually misinterpreting the Constitution to suit your fantasy!

Your hatred for Wike should not make you exposing legal illiteracy for the world to see.

Only an elected Speaker can give voice to that provision of the Constitution and the courts can even reverse it as well.

What part of simple English do you have problems with?

Go back and read the wordings of that section. The word "shall" used there means it is not discretionary but statutorily determined that it happens so. The SC has ruled that the word SHALL means what is written must be complied with. See Alhaji Umaru Yar'Adua and Ors. (2010) LPELR-2109(SC), Araba Shitta Dada and Adeniran Adedokun Ventures & 6 ORS. (2019) and General Muhammadu Buhari v Independent National Electoral Commission (2008) LPELR – 814 (SC). I reproduce the reading of the supreme court here for you:

When the word “shall” is used in a statute it connotes the intendment of the legislator that what is contained therein must be done or complied with. It does not give room for manoeuvre of some sort, or evasiveness. Whatever the provision requires to be done must be done, and it is not at all negotiable…”

This implies that the member is expected to vacate his seat in (1) regardless of whatever is expected of the speaker in (2). The speaker in (2) is also expected to carry out his duties as spelt out and not hide under being speaker. The SC agrees with this position in the Ebonyi case as I pointed out and that's the position of the law.

Now, let me avert your mind to section 92 of the 1999 constitution as amended

(1) There shall be a Speaker and a Deputy Speaker of a House of Assembly who shall be elected by the members of the House from among themselves.

(2) The Speaker or Deputy Speaker of the House of Assembly shall vacate his office -

(a) if he ceases to be a member of the House of Assembly otherwise than by reason of the dissolution of the House;

(b) When the House first sits after any dissolution of House; or

(c) if he is removed from office by a resolution of House of Assembly by the votes of not less than two-third majority of the members of the House.

You can see from (2) that a speaker automatically ceases to be one when he loses his seat as provided by s(109). Again note the use of "shall" in that section 92 above.

See this criminal, say your mind and stop beating around the bush, we clearly know where you're headed with this comment, it will not be well for anyone who doesn't want Peace in Rivers state.....

post=129888374:
A better Nigeria 🇳🇬 is all we want,
Not all these political shenanigans.

God bless Rivers State.

God bless Nigeria 🇳🇬

fergie001:
IT IS HEREBY ORDERED AS FOLLOWS:

An Order of interim injunction is granted restraining the 1st to 25th Defendants from parading and holding out themselves as members of Rivers State House of Assembly and/or meeting at the Auditorium of the House of Assembly Quarters located at off Aba Road, Port Harcourt or any other place whatsoever to purport to carry business of the Rivers State House of Assembly, their legislative seats having been deciared vacant pending the hearing and determination of the Motion on Notice.

On what grounds?
Isn't this an abuse of the courts?

israelmao:
They will see pepper.They will sniff pepper and sneeze out blood,they never understand the kind of authority wielded by a state governor in Nigeria.The battleline has been drawn.

You people should just shatap? Governor get power, governor get power, it is as long as the president allow him, one order from the president and all his so call power become useless. Mtcheew!

Honor10:


You people should just shatap? Governor get power, governor get power, it is as long as the president allow him, one order from the president and all his so call power become useless. Mtcheew!

President was elected so also governor,even the president must tread with caution in issuing any directives.Wike dealt with Rotimi Amaechi mercilessly what did Buhari do?

Go ahead and demolish there houses one by one in Port Harcourt and there village heaven will not fall

post=129888386:
.......no mind them

Liked, Shared And Followed.


We Need To Really Do Better in This Country.

Kewtt:


Exactly

Liked, Shared And Followed.


We Need To Do Better in This Country.

israelmao:


President was elected so also governor,even the president must tread with caution in issuing any directives.Wike dealt with Rotimi Amaechi mercilessly what did Buhari do?

Buhari is a dull one, and he might genuinely do n't want to help Amaechi.

President is too powerful in Nigeria, a president that can decide not to obey law or judges, and what can you do apart from wailing on the internet?

Honor10:


Buhari is a dull one, and he might genuinely do n't want to help Amaechi.

President is too powerful in Nigeria, a president that can decide not to obey law or judges, and what can you do apart from wailing on the internet?

Public opinions sometimes do weigh in and shape action or inaction of the power-that-be Wike had the back-up of most people in the River State and most Nigerians then and the same scenario has started playing out now.Social media has its own subtle effect and influence,it's beyond just wailing.

The INEC should schedule a date for a by-election within the next 30days. All these lawmakers should also be band from participating in elective or appointed position in Rivers State for 21years.

israelmao:


Public opinions sometimes do weigh in and shape action or inaction of the power-that-be Wike had the back-up of most people in the River State and most Nigerians then and the same scenario has started playing out now.Social media has its own subtle effect and influence,it's beyond just wailing.

Well, that's a president that cares about public opinion, some might not care, and the Truth of the matter is, no matter what the president does, he will always have supporters.

stanisbaratheon:


In that case Fubara should leave Rivers people and work for Wike too Abi?

Dey play

Why did he had an agreement with wike in the first place. Don't enter into agreement you can't fulfill

ddippset:
It's simple..

For Fubara to revolt within 3 months only means that the conditions were too much to bear.
Means that he was choked to submission.

Then is it by force gor him to ne governor. That'd why you see killings everywhere because people failed to honor agreement

lekonso:

We are waiting. A state of emergency can't be declared in Rivers, except they want to cause serious problem there.

Chest beater. If it happens. You go hide under your wife skirt

condralbedez:
Nah the real vulturebbqgrills be that, the leader darling daddy crews(suffering and smilling Zombies)

Mynd44 Dominique Justwise.
Rule 2

Deefirm:
See this criminal......

Mynd44 Dominique Justwise.
Rule 2

NLPoliceWoman:

Mynd44 Dominique Justwise.
Rule 2

Stop disturbing the Mods, i nver called any username on NL out, unless you are vulturebbqgrills, use this energy you have been using to call all the mods out, and call out the bad eggs you voted in to power out... The country is in a mess.

Krankhead:
Why did he had an agreement with wike in the first place. Don't enter into agreement you can't fulfill

Into an agreement you say.

Is Wike the owner of Rivers State?

That agreement as you called it is null and void as far as Rivers people are concerned.

Krankhead:
Then is it by force gor him to ne governor. That'd why you see killings everywhere because people failed to honor agreement

We need more of that.

Godsons should continue to violate all demonic agreements.

Any agreements that seek to make Godsons send State allocation to Godfathers or appoint Godfather's people shall continue to be broken in Jesus name.

Rubbish.

No to godfathersim.

I don't give a fuc about agreements.. Any godfather that seeks to take I kobo unduly from any state shall perish.

You go tire

NLPoliceWoman:
[b][/b]
Mynd44 Dominique Justwise.
Rule 2

ddippset:
We need more of that.

Godsons should continue to violate all demonic agreements.

Any agreements that seek to make Godsons send State allocation to Godfathers or appoint Godfather's people shall continue to be broken in Jesus name.

Rubbish.

No to godfathersim.

I don't give a fuc about agreements.. Any godfather that seeks to take I kobo unduly from any state shall perish.

If you do t give an F about agreement, Nobody will do business with you. Mind you internet never forgive..pray that what you just wrote will not cause you in the future. I can't do business with who don't keep to agreement. That's why you see unnecessary killings by yahoo boys when someone want to run away with whole money.

Kukutente23:

Go back and read the wordings of that section. The word "shall" used there means it is not discretionary but statutorily determined that it happens so. The SC has ruled that the word SHALL means what is written must be complied with. See Alhaji Umaru Yar'Adua and Ors. (2010) LPELR-2109(SC), Araba Shitta Dada and Adeniran Adedokun Ventures & 6 ORS. (2019) and General Muhammadu Buhari v Independent National Electoral Commission (2008) LPELR – 814 (SC). I reproduce the reading of the supreme court here for you:


This implies that the member is expected to vacate his seat in (1) regardless of whatever is expected of the speaker in (2). The speaker in (2) is also expected to carry out his duties as spelt out and not hide under being speaker. The SC agrees with this position in the Ebonyi case as I pointed out and that's the position of the law.

Now, let me avert your mind to section 92 of the 1999 constitution as amended



You can see from (2) that a speaker automatically ceases to be one when he loses his seat as provided by s(109). Again note the use of "shall" in that section 92 above.

Your response makes you look even more ignorant that I thought you were, at first.

The Law has nothing to do with emotions and the fact that you don’t like someone should not make you lose your sense of reasoning.



It’s such a shame!

OderaOdesigo:





Your response makes you look even more ignorant that I thought you were, at first.

The Law has nothing to do with emotions and the fact that you don’t like someone should not make you lose your sense of reasoning.



It’s such a shame!

Is that all?
You can't counter from a point of law but I'm the ignorant and emotional one
Kindly fvck off