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Court Orders AGF To Remove Section 84(12) From Electoral Act - Politics (2) - Nairaland

Nairaland Forum / Nairaland / General / Politics / Court Orders AGF To Remove Section 84(12) From Electoral Act (21071 Views)

Court Orders AGF Fagbemi to Re-Open Dele Giwa's Murder Case / Presidential Poll: Obaseki Distances Himself From Electoral Violence In Edo / Malami: FG In Process Of Deleting Section 84(12) From Electoral Act (2) (3) (4)

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Re: Court Orders AGF To Remove Section 84(12) From Electoral Act by iCauseTrouble: 4:44pm On Mar 18, 2022
angry
Re: Court Orders AGF To Remove Section 84(12) From Electoral Act by chloride6: 4:44pm On Mar 18, 2022
How can the AGF remove something from the law?

This judges gats collect from NJC..
Re: Court Orders AGF To Remove Section 84(12) From Electoral Act by PassingShot(m): 4:48pm On Mar 18, 2022
Befulfilled:
The court now determines what law the national assembly should make?
No, as long as laws made by the NA are consistent with the constitution which is superior to all other legislations.

That provision is a clear contravention of the constitution which guarantees that political appointees can vote and be voted for.
Re: Court Orders AGF To Remove Section 84(12) From Electoral Act by emecheboy2(m): 4:52pm On Mar 18, 2022
werey people full this country. my dear court he does not have the power ooo.
what a comedy of a nation.
Re: Court Orders AGF To Remove Section 84(12) From Electoral Act by Seebrain: 4:57pm On Mar 18, 2022
Really
Re: Court Orders AGF To Remove Section 84(12) From Electoral Act by foxxydude: 4:57pm On Mar 18, 2022
Plot twist...
This was the plan all along
Re: Court Orders AGF To Remove Section 84(12) From Electoral Act by PassingShot(m): 4:58pm On Mar 18, 2022
jyz200:
Law
Nigeria constitution is just contradictory
Legislators make law
Judiciary interprete it
Why is judiciary asking executive to delete a law made by the legislature
Over to our amiable Nairaland San and barrister
Because the law contradicts a constitutional provision. And such law cannot stand since the constitution is SUPREME to any other laws of the land. The Electoral Act is inferior to the constitution if there's a clash in their provisions.
Re: Court Orders AGF To Remove Section 84(12) From Electoral Act by LasgidyPort: 5:00pm On Mar 18, 2022
yemmit90:
In a democratic settings, judiciary only interprets the law made by Legislature, why is Nigeria situation different?

These people are just taking the masses for fools.

And they have interpreted it that it is inconsistent with the constitution and so cannot stand.
Re: Court Orders AGF To Remove Section 84(12) From Electoral Act by Remman(m): 5:05pm On Mar 18, 2022
Lol... It's very hard to fight a desperate sitting president like Putin! However, on this particular ruling, i'm in support of President Buhari.
Re: Court Orders AGF To Remove Section 84(12) From Electoral Act by aribisala0(m): 5:08pm On Mar 18, 2022
Militant30:
Let's see appeal court will say in regards to this.
Who will appeal?
Re: Court Orders AGF To Remove Section 84(12) From Electoral Act by yemmit90: 5:10pm On Mar 18, 2022
LasgidyPort:


And they have interpreted it that it is inconsistent with the constitution and so cannot stand.

Interpretation of law only compelled judicial to follow what is in the constitution (law of the land) made by representatives of people in delivering a judgement.

The only people with power to make or nullified a law after it has been assented to by executive/president are law makers or through plebiscite.

2 Likes

Re: Court Orders AGF To Remove Section 84(12) From Electoral Act by chiefoboh1(m): 5:10pm On Mar 18, 2022
If it was concerning the d masses now, it will take forever for d court to deliver judgement
Re: Court Orders AGF To Remove Section 84(12) From Electoral Act by Themandator: 5:10pm On Mar 18, 2022
Militant30:
Let's see appeal court will say in regards to this.


It is a waste of time to approach the appellate court. The constitution is very clear and is superior to any other law


The only way is for the national assembly to review the constitutional provision highlighted by the judge
Re: Court Orders AGF To Remove Section 84(12) From Electoral Act by Wisfem: 5:12pm On Mar 18, 2022
96ACE:
Good for the rubber stamp National Assembly. You can't eat your cake and have it. Once upon a time you worked for the executives against the interest of the people, now it's your time to carry your cross.




Good that's it a single person or even four persons as the case may Be now determines the faith of about 250m people, invalidating the representatives
It's a pity !!!!
Re: Court Orders AGF To Remove Section 84(12) From Electoral Act by Themandator: 5:13pm On Mar 18, 2022
yemmit90:


Interpretation of law only compelled judicial to follow what is in the constitution (law of the land) made by representatives of people in delivering a judgement.

The only people with power to make or nullified a law after it has been assented to by executive/president are law makers or through plebiscite.

The court has the power and it is not the first tike a law is been declared illegal

Every law has their source in the Supreme laws of the land called the constitution
Re: Court Orders AGF To Remove Section 84(12) From Electoral Act by yemmit90: 5:20pm On Mar 18, 2022
Themandator:


The court has the power and it is not the first tike a law is been declared illegal

Every law has their source in the Supreme laws of the land called the constitution

Who made the supreme law (constitution)?

What does a law made by legislature called?

Can you simply define the function of executive, legislature and judiciary in a democratic republic?

1 Like

Re: Court Orders AGF To Remove Section 84(12) From Electoral Act by dalongjnr: 5:20pm On Mar 18, 2022
No act/Bill derived by the national assembly must be in conflict with the constitution of FRN. THE NAN erred by re-amend that portion of the new electoral act.
Re: Court Orders AGF To Remove Section 84(12) From Electoral Act by anyilalaz: 5:22pm On Mar 18, 2022
Why 'na court from South East go give that can order'
Re: Court Orders AGF To Remove Section 84(12) From Electoral Act by anyilalaz: 5:25pm On Mar 18, 2022
yemmit90:


Interpretation of law only compelled judicial to follow what is in the constitution (law of the land) made by representatives of people in delivering a judgement.

The only people with power to make or nullified a law after it has been assented to by executive/president are law makers or through plebiscite.

Tell them abi school somebody!!!
Re: Court Orders AGF To Remove Section 84(12) From Electoral Act by Themandator: 5:34pm On Mar 18, 2022
yemmit90:


Who made the supreme law (constitution)?

What does a law made by legislature called?

Can you simply define the function of executive, legislature and judiciary in a democratic republic?



https://www.mondaq.com/nigeria/constitutional-administrative-law/1169476/federal-high-court-declares-the-0005-police-trust-fund-levy-imposed-on-the-net-profit-of-companies-in-nigeria-unconstitutional
Re: Court Orders AGF To Remove Section 84(12) From Electoral Act by grandmaster1974(m): 5:34pm On Mar 18, 2022
APC in ther desperation to hold on to power without any clue on how to run the Government,an ordinary appointees of the clueless government wil delete what elected lawmakers deliberated upon b4 it was signed into law,it's pathetic we r in this situation under this government,God wil see us through
Re: Court Orders AGF To Remove Section 84(12) From Electoral Act by Daboomb: 5:35pm On Mar 18, 2022
ManirBK:
The National Assembly makes laws, the court interpret it. I didn't read law anyway. So dis kain judgement still exist

But you are right!
That Judge is going beyond her bounds, her Job does not go beyond INTERPRETING the Law, she can abrogate a Law.
She cant even order the Attorney General to abrogate a Law because the AGF is a member of the Executive and the Executive Arm does not Make or Abrogate Laws for the country.

All these Yahoo-Yahoo Judges are part of the problem of Nigeria and the NJC needs to sanction erring Judges.
Re: Court Orders AGF To Remove Section 84(12) From Electoral Act by ufotunang: 5:39pm On Mar 18, 2022
The court/judge has been bribed ..it's national assembly that makes law not the court...
Re: Court Orders AGF To Remove Section 84(12) From Electoral Act by Nkpitime(m): 5:41pm On Mar 18, 2022
ManirBK:
The National Assembly makes laws, the court interpret it. I didn't read law anyway. So dis kain judgement still exist
Where there exists a conflict between an act and the constitution the constitution remain superior
Re: Court Orders AGF To Remove Section 84(12) From Electoral Act by wolebest: 5:42pm On Mar 18, 2022
Correct!!!!

Its a Yahoo Yahoo Judgement ......................... very funny.
Re: Court Orders AGF To Remove Section 84(12) From Electoral Act by I888(m): 5:42pm On Mar 18, 2022
Befulfilled:
The court now determines what law the national assembly should make?
Do you lack comprehension or you are just intentionally being unreasonable?

The court is only affirming the law created by the National Assembly which states that political appointees need to resign if they wish to contest while Malami and Buhari are trying to scuttle what has already been signed into law and reverse it.
Re: Court Orders AGF To Remove Section 84(12) From Electoral Act by ityP(m): 5:43pm On Mar 18, 2022
ManirBK:
The National Assembly makes laws, the court interpret it. I didn't read law anyway. So dis kain judgement I no undastand fa


When a law in the electoral act contradicts the constitution, the constitution trumps it. That's what the court is saying

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Re: Court Orders AGF To Remove Section 84(12) From Electoral Act by timchogon81: 5:43pm On Mar 18, 2022
This January judgement is null and void. High Court has no power to make that order.they can just interprete and not order. And what we are talking about is electoral laws. appointees cannot be involved in primary doesn't concern all appointees but only those who intend to vote in a primary.

Meanwhile, who is the defendant. Who are the plentiff. Did the defendants put up any defense??
Re: Court Orders AGF To Remove Section 84(12) From Electoral Act by Odidigboigbo(m): 5:43pm On Mar 18, 2022
chiefolododo:
What power then does the national assembly have? Does that mean a political appointee has more power than the whole of the national assembly?


I consider this judgement a yahoo-yahoo type
Some of us react emotionally, the constitution superceded any any other act. Any law or act that is not concurrent with the constitution, is non and void. If National Assembly is serious, they aught to have amended that section of the constitution before insacting the clause in the electoral act.

1 Like

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