₦airaland Forum

Ishilove:
Is sex among first cousins incest?

It's considered to be incest in many societies.

BreconHills:
Your contributions are well researched but this time you've gone beyond my expectations. In spite of the antics of so called learned gentlemen, you correctly called this piece of legislation yesterday and today here we are. I will be following your commentaries closely. Well done!

Thank you.

sapientia:
Educate who?

Don't be funny.

Buhari signed the Covid 19 regulations based on Quarantine Act of 2004.

Stop giving legal backing to it cos of 1926 Act cos even them never relied on it.

The most current Laws are always used, past ones are used when there is no existing current ones.

Yes, I later saw where you were trying to explain that but its still to prove your 1926 obsession.

Well, take care

Laws of the Federation 2004. Ask yourself why it's in plural.

All the laws that existed in 2004 were codified into a single document for easy access. It does not mean that that was the year that the law was passed.

A similar thing was done in 1990.

For example, this is the Companies and Allied Matters Act 1990. You can see the date that it was enacted (2nd January 1990).

However, you can continue entertaining me with your ignorance. It's very funny.

The Quarantine Act

Aystarz:
Why did you leave out almighty decrees?

It's there. Look at what I wrote beside acts of the National Assembly and state assemblies.

Oracle23:
So how does a 1929 law have effects in Nigeria in 2020 after we have written our new constitution in 1960 and re-wrote a new one in 1979?

I have shown you the sources of Nigerian law, but I guess I need to explain it to you because I can discern that you have another problem with it.

1) Some people think that all Nigerian laws are in the constitution. That is not true. The constitution is the major law that states the relationship between the government and the people and the relationship between a person and another person. It is not the only law. There are other laws. For example, there are laws that are made by the National Assembly, there are laws that are made by state assemblies, there are local government ordinances, there are court judgements, etc. However, the constitution is supreme, so if any other law is in conflict with the constitution, the constitution will prevail and the parts of the other law that are in conflict with the constitution will be void.

2) The law abhors a vacuum. Therefore, laws that were created during the various eras of Nigeria's existence are still valid until and unless they are repealed or made invalid by a superior law. So, for example, laws that were created as a result of indigenous customs and traditions of the people of Nigeria (even before Nigeria was colonised) are still valid as long as they are not in conflict with the constitution and other major laws. These are our customary laws. Laws that were enacted by the Colonial Government are also still valid, so also are laws that were created by the military governments.

Here are the sources of Nigerian law.

naptu2:
Sources of Nigerian law:

1) The Constitution

2) Acts of the national and state assemblies. (Decrees and edicts of military governments are now considered as acts of the state or national assembly)

3) Received English Law (Common Law, Doctrines of Equity, Statutes of General Application/laws made by the colonial government).

4) Judicial Precedent (court judgements).

5) Customary law (including sharia law).

6) Delegated legislation (Administrative agencies' regulations and rulings).

7) Historical, Literary or Formal sources (including latin maxims).

For those that might want to refer to the date that the initial law was enacted (thinking that it somehow invalidates the law) they need to know the sources of Nigerian law.

naptu2:
Sources of Nigerian law:

1) The Constitution

2) Acts of the national and state assemblies. (Decrees and edicts of military governments are now considered as acts of the state or national assembly)

3) Received English Law (Common Law, Doctrines of Equity, Statutes of General Application/laws made by the colonial government).

4) Judicial Precedent (court judgements).

5) Customary law (including sharia law).

6) Delegated legislation (Administrative agencies' regulations and rulings).

7) Historical, Literary or Formal sources (including latin maxims).

President Buhari Signs The Quarantine Regulations 2020 (in compliance with the Quarantine Act).

https://www.nairaland.com/5765338/president-buhari-signs-quarantine-regulations#5765338.4

Some lawyers that initially claimed that the president lacked the power to lock down the FCT, Lagos and Ogun states, later admitted that he has the powers and that they were granted to him by the Quarantine Act. However, they threatened to sue the president if he didn't give notice of the regulations by which he was imposing these restrictions.

The Quarantine Act requires the president to make these regulations.

The president waited until the last minute before he made the regulations public.

VULCAN:
I used to think you were a very thorough fellow but this post appears to reveal quite the contrary.

It's obvious you are not a lawyer as your response to a purported breach of federal and state law drew from anecdotes your mum gave you about incidents that may have occurred long before you were born.

Does it mean you don't have a lawyer in your family to enquire about this or don't you have a lawyer friend to call up and ask?

Do laws made in 1929(30yrs before the entity called Nigeria existed) supercede those made in 1999?

A SAN has said that Buhari did not follow due process in shutting down Lagos and the other states and you are refuting it with this bizarre post. So you have no current law to quote to back up your assertion. How sad! You should have waited for Keyamo the political SAN holder to respond to the criticism by the human rights lawyer.

You should delete this post as its suspect. Are you a Buhari worshipper? I ask because they are the ones who specialise in intellectual somersaults to support the disaster that is his govt, Or is it President Abba Kyari's govt? Its difficult to tell where one man ends and the other begins

There's a lot of ignorance on this thread, but yours is particularly astounding. You think that what you call the "1999 law" is superior to the Quarantine act simply because of the year that it was enacted. That means that you don't know anything at all.

What you call the 1999 law is superior by virtue of section 1 of the constitution and that same constitution has provided an exemption in section 45 specifically because of the Quarantine Act.

The fact that you state irrelevant things like the fact that the Quarantine Act was enacted 30 years before Nigeria got independence (note, it is 30 years before independence and not 30 years before Nigeria was created) shows that you do not even know the basic sources of Nigerian law.

In fact, your post is quite shameful!

Read the Quarantine Act that gave the president the power to make these regulations.


The Act That Gives The President The Power To Lock Down Lagos, Ogun & FCT.
https://www.nairaland.com/5763632/act-gives-president-power-lock