₦airaland Forum

eldoradoxx:
"My position is that the law of the country rests on the grundnorm called the constitution. If you do not like the constitution, your work is to amend it. There is no subrogation of power that is required for you to include into a law what is not deemed as included in that law.”
Emeka Nwajiuba is speaking turanci here. They think they can confuse the constitutional provision that requires civil servants to resign 30 days to an election with the requirement of the Electoral Act 2022 which mandates political appointees to resign 30 days to the primaries they are to feature in. The two provisions are not similar and do not refer to the same classes of people. Civil servants are not same as political appointees. Therefore National Assembly is right to make a law mandating their resignation without being accused of amending the constitution.

Nwajiuba is correct. You are mixing things up.

EA84(12) didn't specify any day for their resignation or even their resignations @ all, it only stated that they should not vote or be voted for in the Primaries. None of these persons are Civil Servants.

The Constitution or Electoral Act didn't direct political appointees to resign 30 days before primaries. It didn't.

no political appointee at any level shall be a voting delegate or be voted for at the Convention or Congress of any political party for the purpose of the nomination of candidates for any election. (there is no date attached).

This topic dwells on the APC Guidelines of resigning 30 days before the Primaries. A Court of competent jurisdiction quashed it that a Minister is not an employee of the Public Service hence is not subject to that rule. What I am saying is that the Ministers are right not to resign (@ least for now).

drlateef:
After taking mkpurum mirin, you can never differentiate between a political appointee and Buhari anymore. Lol.

The joke is on you

vicdom:
I have always said it nah. Please Fergie, has appeal court slated for its own ruling?? I believe it will be in this month.

Hearing is for May 5.

Islie:
https://tribuneonlineng.com/buharis-ministers-others-miss-apc-resignation-deadlines/

this is what I call I dare you

Lawless lot, all of them! They flaunt and break the law with impunity yet they want to lead the nation. Pstcheew. No wonder things are going the way they are.

Truthisunique2:
Tinubu crew nightmare

Relax, na now amaechi dey gidigba for the race

Una talk more than this before he declared

He had until yesterday Sunday to resign if he wants to run for President, according to the Nigerian constitution.
Or are you saying the law doesn't matter?

I am sure they are privy to some information we don't have. Cause crisis that will make elections impossible.

fergie001:
See this issue came up when Fayemi contested his election. The Appeal Court was straight up...that...the APC guidelines cannot stop a Minister from contesting because he is not employed in the Public Service of the Federation.

Ministers are Public Servants. The definition of political appointees is absent in both the Electoral Act & the Constitution but the definition of a Public Servant is there and a Minister is one.

On the issue of the appointees or not i.e. Electoral Act.....It didn't give them a specific day to resign. That will be a topic for another day.



Ministers are not employed in the Public or Civil Service, a Court has set that aside.

I blame the national assembly for this ambiguity. Where were all the legal minds in the National assembly when this act was crafted. They could have been more definitive in their choice of words. Na PUBLIC SERVANT dey cause problem so oooooo.

Didi2d:
He had until yesterday Sunday to resign if he wants to run for President, according to the Nigerian constitution.
Or are you saying the law doesn't matter?

the question is what is the constitution bring it here

Take a walk back to a thread about the resignation in UK now stroll back to this thread and compare the scenario.

This is the problem we have with our democracy, a lot of never-do good politicians who feel they are above the laws and will rather challenge the potency of same laws in a law court instead of doing the right thing.
And I can see there are ambiguity in the Electoral law than the Gordian knot.

You see why patriotism will keep drowning, there's no reason to be patriotic.

Indispensable85:
I blame the national assembly for this ambiguity. Where were all the legal minds in the National assembly when this act was crafted. They could have been more definitive in their choice of words. Na PUBLIC SERVANT dey cause problem so oooooo.

That's what I have been saying.....Now, the Ministers will exploit everything!!!!!

Islie:
https://tribuneonlineng.com/buharis-ministers-others-miss-apc-resignation-deadlines/

But even a political novice would know that it's being unproductive if a minister is also campaigning for elective position.

Insincere idio ts as ministers.
Only Tinubu showed seriousness & preparedness for the presidency.
Somehow he ll get it Eben though he looked unclean.

Anaerobi:
Buhari government is the worst government ever.

These people have shown they are above the so called law.

WHICH LAW?


GO READ ANIMAL FARM!


THEN YOU'LL UNDERSTAND, BETTER!!!

Islie:
https://tribuneonlineng.com/buharis-ministers-others-miss-apc-resignation-deadlines/

they missed deadlines or called the bluffs of all greedy,ethnic and nepotistic bigots both literate and illiterates however it’s nice to see diz kind of things happening in the country..

These ones are not ready to contest for anything, the party undertands the person they will produce as flagbearer does not have financial resources, so they are using this sales of form to raise money for the campaign and vote buying in the final election, the people buying forms also know this, its the scheme. They will need a lot of money to fend TInubu off after they decide not to give him ticket

Malory:
Buhari a massive failure. Lawlessness is the Hallmark of this inglorious regime

We will always remember him for that
History will never be kind to that man

Raxxye:
Lol.
That scammer is a fool! Imagine the start-up line:
"God reaveal a revelation to me when I was going through your profile..." bla bla bla.

Lol. Even said "Daddy G. O" instead of GS
scammers everywhere

Election lawyers are taking note. For failure to resign within the recommended period in the electoral act, your victory at the pull is hereby annulled. The person with the second highest number of valid votes will be returned as the duly elected candidate.

There will be lots of litigations after the 2023 election.

It's because none of them is fit to be President, and they can only be relevant to a failed regime.

Above the law?

politicians a massive failing

Truthisunique2:
Tinubu crew nightmare

Relax, na now amaechi dey gidigba for the race

Una talk more than this before he declared

these poeple always rely on posting pix that can be taking when they meet in weeding ceremony... So you tell me say Ameachi is a tight friend with Jubril and his family ?

Really

O

People that want to contest for president and other positions cannot even obey the law of the land and u are telling me this country is not a lawless country?

tunapawizzy:
These ones are not ready to contest for anything, the party undertands the person they will produce as flagbearer does not have financial resources, so they are using this sales of form to raise money for the campaign and vote buying in the final election, the people buying forms also know this, its the scheme. They will need a lot of money to fend TInubu off after they decide not to give him ticket

Very sound reasoning

Simply put, the ministers want to eat their cake and have it.

The stupid law says, CANDIDATES are required to resign, not ASPIRANTS.

fergie001:
Only the SC can settle this issue. vicdom could've been right!



I think the Ministers are right not to resign.


EA84(12) didn't specify any day for their resignation or even their resignations @ all, it only stated that they should not vote or be voted for in the Primaries. None of these persons are Civil Servants.

The Constitution or Electoral Act didn't direct political appointees to resign 30 days before primaries. It didn't.

no political appointee at any level shall be a voting delegate or be voted for at the Convention or Congress of any political party for the purpose of the nomination of candidates for any election. (there is no date attached).

This topic dwells on the APC Guidelines of resigning 30 days before the Primaries. A Court of competent jurisdiction quashed it that a Minister is not an employee of the Public Service hence is not subject to that rule. What I am saying is that the Ministers are right not to resign (@ least for now).

You are right.section 84 12 will eventually stand.ministers are not public servants going by the constitution....


I just spoke to mybuncle at futo who is close to prof sandy onor.he told me that prof zana awarded sandy that professorship that sandy had long resigned from unical

fergie001:
Nwajiuba is correct. You are mixing things up.

EA84(12) didn't specify any day for their resignation or even their resignations @ all, it only stated that they should not vote or be voted for in the Primaries. None of these persons are Civil Servants.

The Constitution or Electoral Act didn't direct political appointees to resign 30 days before primaries. It didn't.

no political appointee at any level shall be a voting delegate or be voted for at the Convention or Congress of any political party for the purpose of the nomination of candidates for any election. (there is no date attached).

This topic dwells on the APC Guidelines of resigning 30 days before the Primaries. A Court of competent jurisdiction quashed it that a Minister is not an employee of the Public Service hence is not subject to that rule. What I am saying is that the Ministers are right not to resign (@ least for now).

"This topic dwells on the APC Guidelines of resigning 30 days before the Primaries. A Court of competent jurisdiction quashed it that a Minister is not an employee of the Public Service hence is not subject to that rule. What I am saying is that the Ministers are right not to resign (@ least for now)."

First of all, party guidelines are strictly binding on all members. A member who does not comply with the guidelines of his party is disqualified. Wait and see how this candidates would be disqualified. The constitution talks of people in the civil service of the federation resigning before election they intend to run, agreed that ministers are no caught up by this provision, that is therefore the reason National Assembly can safely make law mandating their resignation to either vote or be voted in a primary without being accused of touching the area that the constitution has already made provision regarding. So I see the Court of Appeal and Supreme Court upholding section 84(12), remember that National Assembly has the powers to make laws on any issue once there is no constitutional provision that is affected. The constitutional provision being bandied around affects only civil servants which political appointees are not and can't take cover under.

Malory:
Buhari a massive failure. Lawlessness is the Hallmark of this inglorious regime

you see ehn... Buhari is a very straightforward man.

Buhari during the signing of that Electoral Act made it clear to Nigerians and the legislators that a section of the Act be amended as it runs contrary to the Constitution of Nigeria, even a high court faulted that section of the Act and directed it should be deleted from the Act.

But what did the failed rubber stamp legislators do? They refused to revisit and make necessary corrections causing a hugh contravention of the 1999 constitution.

Now, you are blaming Buhari, you are blaming those that have refused to resign because it is against their rights as enshrined in the constitution of Nigeria. You have failed to blame the legislators that don't know their left and right for create a useless electoral Act.

Trust me, Buhari will deal with them, come and disqualify them let me see. No be Nigeria?

That section of the electrical act is null, void and useless.