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Ministers, Others Miss APC Resignation Deadlines - Politics (4) - Nairaland

Nairaland Forum › Nairaland General › Politics › Ministers, Others Miss APC Resignation Deadlines (26003 Views)

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Re: Ministers, Others Miss APC Resignation Deadlines by fergie001(mod): 5:54pm On May 02, 2022
garfield1:
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
Yes, there was a time we were wondering why he will be elevated a Professor whilst still @ the red chamber. Makes more sense now..
Re: Ministers, Others Miss APC Resignation Deadlines by Mrpojj(m): 6:06pm On May 02, 2022
Re: Ministers, Others Miss APC Resignation Deadlines by garfield1: 6:19pm On May 02, 2022
fergie001:
Yes, there was a time we were wondering why he will be elevated a Professor whilst still @ the red chamber. Makes more sense now..
Yes during that pantami saga.him and senator owan enoh became lecturers same and were political alllies and both won elections in 1999 and owan resigned.he also said that leave of absence can only cover for appointive positions not elective posts...

You can now see that pantami is being vilified and witchhunted by ASUU.
Re: Ministers, Others Miss APC Resignation Deadlines by Nobody: 6:35pm On May 02, 2022
YorubaIsGreat:
God will continue to punish and destabilise Tinubu, our incoming presido of Iragbiji Town Council.
On Tinubu's Manhood i stand
Exactly our prayers, Urchin.
Re: Ministers, Others Miss APC Resignation Deadlines by fergie001(mod):
eldoradoxx:
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.
They are binding on members but guidelines are read side-by-side with the 1999 CFRN.

This is the Article in the APC Guidelines in her Constitution:
The party prescribes that any aspirant seeking public office on the platform of the party shall not have:- Remained as an employee of the public service within 30 days preceding the date of an election

This is the case in question: This matter came up when Fayemi ran for the Ekiti Guber seat as a sitting Minister. He participated in the Primaries of May 12, 2018 and won, then resigned on May 16, 2018. The matter went to the Court and the Appeal Court unanimously ruled that Ministers are Public Servants who are not employed in the Public Service. In other words, they are not bound by the rule as indicated in the APC Constitution (Luckily, 2 of those Judges are now in the Supreme Court).

The APC Constitution is not higher than the 1999 CFRN or the judgement of the Courts. Consequently, any further conditions or restrictions placed by any political party (i.e APC) guidelines including Article 2 of 2014 of their Constitution; are afortiori, unconstitutional, null and void to the extent of the inconsistency wrt Section 182(1)g and/or 137(1)g of the 1999 CFRN.

George Oguntade, JSC (as he then was) had this to say in Ugwu v Ararume:
"It is my view that a political party is able to control the affairs of the party only to the extent that the exercise of such control does not run against the provisions of the constitution."

Whilst the APC Constitution indicates its binding powers in Section 1; in the next Section: It humbled itself before the Constitution like an infant in the bosom of the mother.

SUPREMACY OF THE APC CONSTITUTION
Subject to the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and any other Laws for the time being in force in the Federal Republic of Nigeria, the provisions of this Constitution shall be supreme PROVIDED that where any Rule, Regulation or any other enactment of the Party is inconsistent with the provisions of the Constitution of the Federal Republic of Nigeria, such a Rule, Regulation and Enactment shall, to the extent of its inconsistency, be null and void and of no effect whatsoever.

Any law or Act which is incongruous to the 1999 CFRN will be declared null and void. All subsidiary legislation, Constitution or Act must lie in obeisance and prostration to the 1999 CFRN.

Unless, the SC says otherwise: The Appeal Court Judgement in Segun Oni v Kayode Fayemi stands still like the Wall of Gibraltar.

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.
Who is a Public Servant?
Who is a Political Appointee, let's start from there?
Re: Ministers, Others Miss APC Resignation Deadlines by fergie001(mod): 6:47pm On May 02, 2022
garfield1:
Yes during that pantami saga.him and senator owan enoh became lecturers same and were political alllies and both won elections in 1999 and owan resigned.he also said that leave of absence can only cover for appointive positions not elective posts...

You can now see that pantami is being vilified and witchhunted by ASUU.
It's different.....Do you know how many years Sandy taught before he was pushed up. You can't compare ooo @ all.
Re: Ministers, Others Miss APC Resignation Deadlines by Penguin2: 7:48pm On May 02, 2022
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).
My point too.

Loopholes like that are what somebody like Obaseki exploited to inaugurate Assembly Members by 9pm and the courts couldn’t void the exercise because the constitution didn’t specify the time that inauguration must happen.

Same way the Electoral Act 2022 is silent on the timeframe that an appointee must resign to be eligible to contest a political post.

As far as the Electoral Act is concerned, the federal appointees can decide to resign a night before party primaries and still not have gone against the law.
Re: Ministers, Others Miss APC Resignation Deadlines by fergie001(mod): 7:55pm On May 02, 2022
Penguin2:
My point too.

Loopholes like that are what somebody like Obaseki exploited to inaugurate Assembly Members by 9pm and the courts couldn’t void the exercise because the constitution didn’t specify the time that inauguration must happen.

Same way the Electoral Act 2022 is silent on the timeframe that an appointee must resign to be eligible to contest a political post.

As far as the Electoral Act is concerned, the federal appointees can decide to resign a night before party primaries and still not have gone against the law.
You are talking about a night.....even that morning sef.
Re: Ministers, Others Miss APC Resignation Deadlines by ghettokid1(m): 8:00pm On May 02, 2022
fergie001:
You are talking about a night.....even that morning sef.
Chief nairaland no dey tire u ? every time u dey online grin
Re: Ministers, Others Miss APC Resignation Deadlines by fergie001(mod): 8:09pm On May 02, 2022
ghettokid1:
Chief nairaland no dey tire u ? every time u dey online grin
Hahahahahahahaha
Hahahahahaha

Rain & network no gree meet me watch those ediots.

I have a tab opened.....do other things then just open the tab!!!!!
Re: Ministers, Others Miss APC Resignation Deadlines by ghettokid1(m): 8:40pm On May 02, 2022
fergie001:
Hahahahahahahaha
Hahahahahaha

Rain & network no gree meet me watch those ediots. grin

I have a tab opened.....do other things then just open the tab!!!!!
u get time sha.... I love what u re doing here on NL, I'm a big fan
Re: Ministers, Others Miss APC Resignation Deadlines by fergie001(mod): 8:45pm On May 02, 2022
ghettokid1:
u get time sha.... I love ur work here
Thank you



Siuuuuuuuuuuuuuuuuuuuuuuuuuuuuu
Re: Ministers, Others Miss APC Resignation Deadlines by ghettokid1(m): 8:46pm On May 02, 2022
fergie001:
Thank you



Siuuuuuuuuuuuuuuuuuuuuuuuuuuuuu
offside tongue tongue
Re: Ministers, Others Miss APC Resignation Deadlines by fergie001(mod): 8:50pm On May 02, 2022
ghettokid1:
offside tongue tongue
Useless ref tongue
Re: Ministers, Others Miss APC Resignation Deadlines by ghettokid1(m): 8:56pm On May 02, 2022
fergie001:
Useless ref tongue
this man where do u belong sef huh u just called them idiots now u re supporting them or is it because its PENDU ?
Re: Ministers, Others Miss APC Resignation Deadlines by fergie001(mod): 9:02pm On May 02, 2022
ghettokid1:
this man where do u belong sef huh u just called them idiots now u re supporting them or is it because its PENDU ?
You mean GOAT?
He is playing his last game, he will always remain the best.
Re: Ministers, Others Miss APC Resignation Deadlines by Penguin2: 9:12pm On May 02, 2022
fergie001:
You are talking about a night.....even that morning sef.
grin grin grin
Re: Ministers, Others Miss APC Resignation Deadlines by ghettokid1(m): 9:19pm On May 02, 2022
fergie001:
You mean GOAT?
He is playing his last game, he will always remain the best.
MTCHEEEEEEW.......PENDU don score em usual goal, idiet
Re: Ministers, Others Miss APC Resignation Deadlines by fergie001(mod): 9:25pm On May 02, 2022
ghettokid1:
MTCHEEEEEEW.......PENDU don score em usual goal, idiet
Siuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu grin
Re: Ministers, Others Miss APC Resignation Deadlines by garfield1: 9:25pm On May 02, 2022
fergie001:
It's different.....Do you know how many years Sandy taught before he was pushed up. You can't compare ooo @ all.
Oga,I've been part of history dept since 2010.I have never seen or come across him in the dept and he is not in the dept nominal roll.
Re: Ministers, Others Miss APC Resignation Deadlines by ghettokid1(m): 9:26pm On May 02, 2022
fergie001:
[s]Siuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu[/s] grin
Re: Ministers, Others Miss APC Resignation Deadlines by fergie001(mod): 9:27pm On May 02, 2022
garfield1:
Oga,I've been part of history dept since 2010.I have never seen or come across him in the dept and he is not in the dept nominal roll.
Someone who left there in 1987?

Compared to someone who served 2 years as Asst Lecturer? Pantami has many k-legs considering how & when he left ATBU. You can't compare someone who returned and served his department @ least 20 years. We know how some of them get it but Pantami's way off off off.
Re: Ministers, Others Miss APC Resignation Deadlines by MrFly(m): 11:18pm On May 02, 2022
Nigeria became a Republic through confusion and has reigned through confusion, can confusion confuse confusion? No!
Re: Ministers, Others Miss APC Resignation Deadlines by Agbegbaorogboye: 3:22pm On May 03, 2022
Indispensable85:
Ministers are political appointees eventhough they serve public interest. That's the truth.

If the SC sustains that section, what will happen to their candidacy and the party assuming they win in the primaries?
The SC cannot sustain that section because it infringes on the constitutional rights of the appointees. The NASS is not their employer and so is not in a position to determine whether they should resign or not. Meanwhile, the constitution has laid out the requirement for them so the NASS can't legislate on something already in the constitution as that is an obvious conflict. Even the CoA will uphold the judgement of the FHC not to mention the SC. The only snag the judgement faces is the NASS not joined in the suit. But that can be waived on the grounds that fundamental rights of the appointees are involved
Re: Ministers, Others Miss APC Resignation Deadlines by Indispensable85(m): 4:27pm On May 03, 2022
Agbegbaorogboye:
The SC cannot sustain that section because it infringes on the constitutional rights of the appointees. The NASS is not their employer and so is not in a position to determine whether they should resign or not. Meanwhile, the constitution has laid out the requirement for them so the NASS can't legislate on something already in the constitution as that is an obvious conflict. Even the CoA will uphold the judgement of the FHC not to mention the SC. The only snag the judgement faces is the NASS not joined in the suit. But that can be waived on the grounds that fundamental rights of the appointees are involved
Seriously this issue has created some anxiety in many quarters. I can't wait to hear what the COA and SC will have to say on the matter.

If Nigeria is truly a country that works,why on earth will a matter this important be pending in the court for so long? Especially knowing the importance of the issue as regards the fast approaching general election. Cases of constitutional importance like this should be dispensed with speedily for God's sake.
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