₦airaland Forum

Mopolchi:
Good one! Apc has quickly printed papers 📃 of recall in order to steal Natasha's mandate. We will not allow it to happen.

Lol, the appeal court will vacate this order soon. Besides, a court cannot interfere in the constitutional duties of an agency

underpinna:
I think that the court will eventually lift this order and the process will continue. Natasha can't win this.

You sabi

Mopolchi:
E be like say you dey understand from back? Fake press release is misleading. When you send a wrong interpretation of something first, which APC media have done already; many will not be bothered to verify the news later.

Oga, Anyanwu is actually the secretary. The supreme court nullified the judgment that removed him. If he lost, they wouldn't have vacated the lower court ruling

spencekat:
Whatever you called it.Suspension of democratically elected officials is wrong,illegal and unconstitutional.

Demolition of house of assembly is legal and constitutional

spencekat:
Good one! Let them continue.

They will still remove her

spencekat:
Akpabio lacks integrity.

Just like her

spencekat:
Just look at what Akpabio caused.

Akpabio abi she? Why so emotional

lawbabs:
How do u claim to be smart when you don't even understand the senate rule. I hope you know that the closed door session is what is in the senate rule? Read widely and stop joining under-the-bridge newspaper rabble rousers...

And the senate has the right to conduct its voting however they like it on the plenary. The real reasons you want their names is because u don't really care about what is right for Rivers but you want to find scapegoats that you all will stalk and bully on social media.

Well said

Jorussia:
They won't be able to pull this through.It was attempted during the time of Dino Melaye and it failed.I think the requirement for recall of a legislator is 50% or two third of registered voters must support it, that's not possible to get in Nigeria.Akpabio and the Senate can frustrate Apoti by extending the suspension and using delay tactics to stall her case in court.

They will this time. During Dino's time, they passed the signature process but couldn't get pass the election proper. Bello has learnt plus this is his domain

maestroferddi:
Shut your trap...

Nobody is recalling her...

The red herring being flown by desperadoes will end in shame...

Does the woman act as if she cares for the silly charade being orchestrated by undesirable elements?

She has been increasing the volume...Man up and go and stop her if you had any b#lls...

They will recall her sir. Bello and ododo absolutely controls Ebira voters

Xisnin:
You are just an emotional kid with internet data.
One million Yahya can't even get 10% of registered voters let alone the 50% of registered voters required.
And to further ruin your joy, only 20% of registered voters participated in the senatorial election that got
Natasha elected.

Just like the kids who were celebrating when Fubara was "winning" in his illegal show of shame,
I will be here when you start crying when the reality of the law hits you.

Oga sir, during dino recall process, they got over 50% of signatures. But they failed during the recall election. This time would be different

Xisnin:
All this emotional kids.
Go and read the requirements for recalling a senator before jubiliating.
When they are done with their skits, they will go back home.

Oga, once they collect signatures, they will give it to inec to cross check

fergie001:
Atiku - SDP

He would deputize El rufai

fergie001:
Aniagu Emmanuel, the person who approached the Enugu High Court.

For Edo, I didn't follow, nothing to trigger it!

So it's not even Ude Okoye or Nwc that approached the court

fergie001:
Any hope?

It's done.... The plaintiff had no jurisdiction, Samuel Anyanwu returned.

Abba-Aji presided.

There's hope, pdp based their case in wrongful collation like Uzodinma and brought results showing they won like Davematics.

Which plaintiff has no jurisdiction?

newmoney133:
You understand the situation.Bello want to come to Senate hence this drama.How i wish Ebira
People can stand their ground.I remembered when he wanted Okun people to recall Dino.He failed woefully

He has learnt his lessons and won't fail this time

fergie001:
Judgement is been read, but it's done.
Even the defendant's lead counsel is not in Court.

I haven't confirmed he is reading it, but he is on the panel.

When is Edo own coming up

fergie001:
Akpakomiza2

SamDaddy ..... National Secretary.... Agim

Vanitybuti been telling you na. Agim is the most progressive and liberal judge ever. His sojourn in Gambia and Kenya has really broadened his legal horizon.

With this atiku is nearer to sdp

smileyoo:
This Rivers state of emergency is a politically motivated one, because you don't just use such a big stick on a state before you can checkmate excesses of just 2 political actors, moreover the state of emergency doesn't equate with the suspension of elected officials.
If T-pain had wanted to resolve this Rivers state crisis, he would have done so by prevailing on wike to stop disturbing the smooth governance in Rivers state, in the name of god-fatherism, and who is wike to disobey the president and commander in chief of Nigeria federation ?
all these actions in Rivers state are motivated by the need to control that state ahead of 2027 elections.
lol, the master strategist might as well be eye-ing Kano state as well, who knows ?
only time will tell .
sadly in the present day Nigeria, everything has a price tag, therefore anything is possible, even the absurd .

Wike never used any lawless means. Why was he using illegal means

fergie001:
Whilst I totally agree with this, I vehemently do oppose the bolded.
These subsidiary laws despite been valid must obtain their SOURCE from the CFRN.

There is a conflict that is the subject of this discourse.

I have to buttress that the exercise of the powers conferred on the President under section 305 of the Constitution is made ‘subject to the provisions of the Constitution’.

Section 305 of the 1999 Constitution: "Subject to the provisions of this Constitution,[/i ]the President may by instrument published in the Official -Gazette} of the Government of the Federation issue a Proclamation of a state of emergency in the Federation or any part thereof."

What does this mean?..that any decision made by the President must be subject to the Constitution and not by any other subsidiary law or bill.

In the provisions of the CFRN, the removal from office of Elected State officials can only be encapsulated in Sections 92, 105, 109, 110 & 188 of the 1999 CFRN, as amended.

Again, Section 1(2) of the CFRN states succinctly:

The Federal Republic of Nigeria shall not be governed, nor shall any person or group of persons take control of the Government or Nigeria or any part thereof. except in accordance with the provisions of this Constitution, (and not any other law) [i]emphasis mine

Section 188(1-11) states expressly how a State Governor or Deputy can be removed and also buttresses in terms of public safety or Emergency (as the case may be), that the NASS takes over responsibility ofaking laws but does not have the powers to remove the Governor (See Section 11(4) & (5).


The CFRN is the grundnorm of our democratic existence. Any law, bill or Act in conflict with the Constitution must fall in obeisance to the Supreme document by virtue of its inconsistency.

I have partly answered this question above, however, I will add to it.

These subsidiary laws do not expatiate or escalate the CFRN, and they cannot fill the lacuna created by the Constitution. Whilst these are valid laws, they were not created to fill the lacuna or void provided for by the Constitution.

Let me ask a direct question... Tell me one void the Electoral Law fills in the 1999 Constitution. Do not also forget, that the Constitution empowers INEC to make its own laws for smooth running provided it is not in conflict with the Constitution. We run a rigid Constitution hence NASA can provide the necessary legislative instruments.



In the case you quoted, the Supreme Court carefully explained same: The Supreme Court clearly distinguished between quorum and composition. You don't fill a void in the Constitution, like I said, it's like the Wall of Gibraltar that can neither be shaken nor moved. Hear the Supreme on that case: per Galadima JSC

It is important to note that a resort to the provisions of the Interpretation Act is not for the purpose of filling a lacuna but for interpretation of the provisions of paragraph 15(1) of the 5th schedule to the 1999 Constitution, (supra) and section 20(1) and (2) of Cap C15 of LFN 2004 which established the Code of Conduct Tribunal as consisting of the Chairman and two other members.

BOTTOMLINE:
Whilst two laws can co-exist like the EA & the CFRN, painstaking attempts must be made not to flout the Constitution.

The Constitution will always stress "subject to the provisions of this Constitution"... showing its Almightiness and near-infallibility.

You are repeating the same thing. The president is not removing a governor sir, he is only suspending him subject to the provisions of the emergency situation..the constitution is silent on suspension but clear on removal. The constitution only addresses processes of removal but no suspension and the emergency act has introduced suspension...

What is a state of emergency first of all? You are not being honest with yourself. Where there is any ambiguities or lacuna, the judges are allowed to either resort to subsidiary legislation, foreign laws etc... and luckily these set of judges are somewhat flexible and liberal. The supreme court over the year avoided settling that emergency issue and this very court will not shy away. Laws are made for man and not the other ways. Laws are adjusted to suit present situations, they are never static. This is how other climes operate.
You complained severally how governors are like emperors, breaking the law at will yet turn around to support them when the law is used against them. You knew right from time that fubara was legally wrong yet you supported him. You cannot now claim to be all lawful sir...

Gej in 2013 helped our legal lexicon by introducing a partial emergency. In a normal state of emergency, it means a governor or government has lost control, is incapable of managing his state and must give way for federal authority to take charge temporarily or permanently depending on the circumstances.

ddippset:
He is the governor.

He demolished part of the assembly complex which was rocked by a bomb blast.
It is the role of the governor to do this..


Not to forget that Rivers state was the demolition capital of the world between 2015 and 2023.

Do I need to remind you how many structures Wike demolished in 8 years?

It is the governor's duty.

The governor has been defeated, rest

ddippset:
Everything you mentioned above was backed by valid court orders.

Mention something else.

Which court order told him to demolish the assembly

9jatriot:
That Edo State governor should watch his back. If he knows what is good for him, he should allow the elected LGA chairmen to return to office.

His own will even be easy since it is APC to APC. State governors should stop acting like terrors and allow other organs of government work in their states.

Lol, he's in APC and those chairmen are in PDP. In any case, those chairmen where impeached

ddippset:
Name Fubara's actions that have been unconstitutional.

Demolition of the house, spending 2024 budget,supporting 3 lawmakers

frankmoney:
A dangerous precedent have been set

How so

fergie001:
The Constitution is the grundnorm, every other law derives its Source from the Constitution.

Every law, act or bill inconsistent with the Constitution must bow in humble obeisance to the Supreme document, the Constitution by virtue of its inconsistency.

2/3 majority is by voice votes too, Constitutional amendment will also be voice votes, etc..... Well, the President wants something, he gets it no matter what it takes. But note, we are on Emperor geezew mode.

We are saying the same thing na. The constitution is superior to all laws but there are subsidiary laws or national Assembly acts which are also valid. Or are you saying that there are illegal? The supreme court has stated severally that other laws are valid except when it conflicts with the constitution and there is no conflict here sir. These laws only take care of areas the constitution hasn't provided for.

Electoral act takes care of election conducts, evidence act for evidence, emergency act for emergency situation. The constitution mentions these lines briefly while these acts escalated or expatiates. Section 305 addresses emergency situation but does not do so totally. The emergency act now addresses those gaping holes....

In the case of Saraki vs Fg, the issue of quorum for sitting of the CCT was taken to the apex court. The constitution says there shall be three members of the tribunal, the chairman and two members but one of the members wasn't around. Daudu SAN representing Saraki said all three must be present while CCT said the chair and one other member is enough to sit on any case. The apex court chaired by Onnoghen agreed with the CCT quoting from the interpretation act. This is an example of a subsidiary law assisting the constitution...

fergie001:
You can't help the Constitution, it's like the wall of Gibraltar.
You neither can add nor subtract.

The Constitution specifies how elected officials can be removed. So you even support the laws to be vested on the FEC and not the NASS. The exact same thing the SC and the President criticised Fubara for?

Nit today ooo, tomorrow NURTW factions will have problems in Lagos, and the President then will show us the powers of an Emperor.

You can sir. The constitution does not provide for everything that's why we have subsidiary laws like the interpretation act, evidence act, electoral act which settles ambiguities in the constitution, fill gaps or lacunas. The conditionally dwells briefly on elections but the electoral act goes far and wide...

Under normal circumstances, you cannot remove a governor except via impeachment, resignation, incapacitation or death but in a state of emergency, it is abnormal and so anything goes. The emergency act governs what happens in a SOE alone.
Laws and oversight should be done by nass for 6 months.
The SOE is not something that is used sparingly so do not fear. The president had no other choice. Only obj used it anyhow.

fergie001:
The Emergency Act now supercedes the Constitution?
Was it not repealed in February 2018?
In event of the CFRN v any other law in the Country, you know which one suffices.

You are handing over a very dangerous weapon to our Presidents, years from now, we will reference this moment. I am just laughing....

Headcount for today was 113
Yet attendance carry 243

No, the emergency act is to complement or add to the constitution esp where there is lacuna. There is no contradiction. It wasn't repealed, only senate passed it. The version Owan eno introduced also had suspension of a governor...

The president is like an emperor with dangerous and massive powers so leave that side.
You already know the Nass where going to pass it.

Svoboda:
No governor worth his salt would want his senators or reps to endorse this civilian coup. Governors need to take a stand as a unit force and act as a bulwark against tinubus excessive tendencies. The ag was even sounding dictatorial like a member of the afrc during the military regime, warning other state govts. This is a federation and not a unitary arrangement.

Somehow, this rare miscalculation by the president is going to launch a groundswell of opposition to his 2027 reelection.

Too late. It will actually whip them in line

fergie001:
I understand money has been flying around, good money but this case is just brass unconstitutionality at its peak.

What was Tinubu thinking?

Where is the unconstitutionality sir? The emergency act of 1962 is there? Anyway, it has almost flown

gare:
The removal is clearly illegal. It should be done through the proper legal process. The president does not have the constitutional authority to carry out such actions. SIM has moved on, while you all can continue celebrating your illegal 'victory' in a bar. The Supreme Court delivered a questionable judgment, and tomorrow, people like you will still complain that the country isn’t working despite its abundant resources

Which questionable judgment did they deliver

spencekat:
Supreme Court and technicalities have been the same since time immemorial. This time around, we are watching.

Oga, the main party didn't bring the suit so there had no power to rule na. You can't ignore some technicalities