₦airaland Forum

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tonididdy: honestly guys without bias;

who will be the PFA player of the month ?
Sturridge or OZIL

ballabriggs: Rubbish and nonsense only aimed at covering up the murder of innocent people through their own incompetence.

You raided a building occupied by Boko Haram members, some sustained injuries and went to the hospital without a heavy security presence in this hospital. Where are the weapons?

You can tell that story to fools like Taharqa, it has no place in any sane mind.

deols: can this be true?

TeaParty: The bitterness and hate of you moslems towards GEJ is increasing day by day. If care's not taken you guys will die in it even before 2015.

HAH: In a suit instituted by Buba Marwa against Nyako (later joined by four other goveors and INEC), the Supreme Court of Nigeria delivered a landmark judgement on January 27th, 2012, asking the five governors to step down from their offices handover to their successors.
For those among them eligible for second term in office, they were to submit themselves to the electorate for another mandate. But critically, the court pronounced that the tenures of the five governors elapsed since May 29th, 2011 thereby bringing to an end the issue of tenure elongation or otherwise.
The governors, who were made to go for re-runs for the 2007 elections always assumed the period they spent governing their states before their victories were annulled was “awuf” – bonuses if you may. The Court was emphatic that the Constitution does not make room for anybody elected into an executive office spending a day more than the maximum allowable eight years and if we are to go by the governors’ reasoning, then some of them might have stayed in office for a period of nine years or more. The Supreme Court ruling was very clear and unambiguous.
With this Supreme Court ruling in mind and the provision of section 135 subsection 2b, which is similar to section 180 subsection 2b, I find it hard to comprehend the “no vacancy in the Villa” campaign going on. I am also at a loss as to whether the Supreme Court ruling was only for the governors or that it encompasses all executive offices seeing the similarities in sections 135 and 180 of the constitution. The noise about Goodluck Jonathan contesting or not in 2015 and its legal implications taking into account the said ruling readily comes to mind. Section 135 of the 1999 constitution (as amended) deals with the issue of tenure and is explicit on the period. Subsection 2 of section 135 says “subject to the provisions of subsection (1) of this section, the president shall vacate his office at the expiration of a period of four years commencing from the date when: (a) in the case of a person first elected as president under this constitution, he took the Oath of Allegiance and Oath of Office; and (b) the person last elected to that office took the Oath of Allegiance and Oath of Office or would, but for his death have taken such oaths.
Taking the Supreme Court ruling and Section 135 (2b), one will be forgiven to assume Jonathan is legally barred from contesting in 2015 irrespective of how high the decibel level of Clark and Anenih’s chorus singers – the likes of Abba Gana, Ameh Ebute, Jerry Gana, Asari Dokubo, et al. Before Jonathan’s attack dogs descend on me, I would like us to study these legal positions carefully and dispassionately in order to locate where Jonathan’s ambition fit in.
The Supreme Court ruling says maximum allowable period of eight years made up of two terms of four years each. Therefore if Jonathan is to contest in 2015 and be forced once again on Nigerians for another four years, that will make him president for nine years since he took over from the late Umaru ‘Yar Adu’a on May 6th, 2010.
This goes against the grain of the Supreme Court ruling and since by convention all rulings and judgements from the Supreme Court are part of our sources of law, this particular one becomes a law of the land in as much as it is consistent with the constitution of the country.
So if the governors affected by the ruling forfeited their “awuf” period, it is only rational that Jonathan should also be affected by the ruling seeing the similarities between sections 135 and 180 of the constitution, our grund norm. This is without prejudice as to whether he promised our mercenary governors that he would not contest in 2015 before they “endorsed” him and rig him into office in 2011.
On the other hand section 135 subsection 2b of the constitution makes it clear that a person’s tenure ends from such a time that the last person so elected into such office will have taken another oath but for his death – meaning the tenure of the dead person might have elapsed and he may seek for a renewed mandate but for his death. Jonathan took over from ‘Yar Adu’a whose first term would have expired by May 29th, 2011 and might have taken another Oath of Allegiance and Oath of Office were he to have contested and won the election but for his death. And the second tenure will come to an end by May 29th, 2015.

HAH: Call me it may be yours

gerald09: I don't understand dis una calculation. If u guys keep using rubbish technicalities den make I use my own rubbish. So what u are saying is dat cos he was "sworn in" 2iwc already it means he has no ryt to contest 2015. Then OBJ election in 2003 was "technically" unconstitutional since he was "sworn in" 3 times to 1 in 1976 and another in 1999 and another in 2003. (Being sarcastic). Dude nobody elected Jonathan into aso villa in 2009. He was "appointed" cos his boss died he was elected by Nigerian in 2011 which makes him full under the " 2term, 4yr" rule. Dats y his opponent can't use it.

ThankGod Edeh: Mr. OP, We have heard you and we are waiting for you seek redress in a competent court of law.

Dpeacemaker101: You guys have interpreted your own version of the constitution, for me he is allowed to contest and he will. If you think am wrong, then you have to take the case to supreme court.

gerald09: Like Seriously!! Dude I didn't VOTE GEJ into office in 2009 and I don't fink any1 did in Nigeria. So wats ur point again? *rhetorical* go back n read dat constitution again and den come back and correct urself.