**(NOTE: A “SUPREME-COURT-ORDER” IS TOTALLY DIFFERENT FROM “SUPREME-COURT-JUDGEMENT”, EITHER IN SUBSTANCE OR IN AUTHORITY..)


So, let us go straight to the series of Questions...

1. Between a “Supreme-Court Order” and a “Presidential Address”, which one supersedes the other??


2. Between a “Supreme-Court Judgement” and an “Executive Order” by the President, which one supersedes the other??

3. Between the powers and authorities of the Judicial Arm of Government, and those of the Executive Arm of Government, which one supersedes the other??



I'm here to learn more about the interpretation of the constitution with regards to the powers that be.

Fergie001, Penguin2, Naptu2, Gerfield1, Litigator

Nothing supercedes a presidential executive order. It can only be revoked by the president himself if it is deemed to be grossly unconstitutional.

Presidential executive orders are final.


For the number 3 question, the executive and judiciary are equal, but the head of the executive (president) supercedes all in the land.

Presidential address

AfricanColumbus:
Nothing supercedes a presidential executive order. It can only be revoked by the president himself if it is deemed to be grossly unconstitutional.

Presidential executive orders are final.

Not Even A Supreme-Court Judgement??


Ok.
Noted

AfricanColumbus:
Nothing supercedes a presidential executive order. It can only be revoked by the president himself if it is deemed to be grossly unconstitutional.

Presidential executive orders are final.

Can a “Presidential Address” be taken as an “Executive Order”??



** (I used to believe that Executive Orders must be “Documented“, and also, they must be “Signed” by the President..)

kingsways:
Presidential address

Please,, is this your final answer on this??





Or you're guessing??
(This issue is serious ooo.. No joke with it ooo..)

BluntCrazeMan:
Not Even A Supreme-Court Judgement??


Ok.
Noted

The supreme court should ordinarily not have entertained the case at all. It's now an exercise in futility and a mockery of the judiciary.

BluntCrazeMan:




Can a “Presidential Address” be taken as an “Executive Order”??



** (I used to believe that Executive Orders must be “Documented“, and they are “Signed” by the President..)

If he gives directives during the address, all directives therein are executive orders, carried out with immediate effect.

AfricanColumbus:



The supreme court should ordinarily not have entertained the case at all. It's now an exercise in futility and a mockery of the judiciary.

I AM NOT REFERRING TO ANY CASE OR ANY KNOWN SITUATION IN PARTICULAR HERE..




I am just trying to know --- on a very normal ground where every other circumstances are in perfect order --- which one is supposed to supersede the other..??

BluntCrazeMan:




I AM NOT REFERRING TO ANY CASE OR ANY KNOWN SITUATION IN PARTICULAR HERE..




I am just trying to know --- on a very normal ground where every other circumstances are in perfect order --- which one is supposed to supersede the other..??

Nothing supercedes a presidential executive order. It can only be revoked if deemed grossly unconstitutional.

AfricanColumbus:




If he gives directives during the address, all directives therein are executive orders, carried out with immediate effect.

Thanks.

Noted..


(Thus, for State Governors in their various states,, similar addresses have overriding state executive powers over the Judiciary too,, I guess??)

AfricanColumbus:



Nothing supercedes a presidential executive order. It can only be revoked if deemed grossly unconstitutional.

Thanks so much.

BluntCrazeMan:





Thanks.

Noted..


(Thus, for State Governors in their various states,, similar addresses have overriding state executive powers too,, I guess??)

This is not clear, are you asking if the presidential order overrides the state governor's order?

AfricanColumbus:
Nothing supercedes a presidential executive order. It can only be revoked by the president himself if it is deemed to be grossly unconstitutional.

Presidential executive orders are final.


For the number 3 question, the executive and judiciary are equal, but the head of the executive (president) supercedes all in the land.

Thanks so much for this response to Question-No-3.

AfricanColumbus:


This is not clear, are you asking if the presidential order overrides the state governor's order?

In a State..
Talking about “State Governor’s Orders” as against “Court Orders”..

BluntCrazeMan:
In a State..
State Governor’s Orders against Court Orders..

No, the state governors don't have that power.

AfricanColumbus:


No, the state governors don't have that power.

Ok..


I have learnt this one today.

AfricanColumbus:




If he gives directives during the address, all directives therein are executive orders, carried out with immediate effect.

This topic here below, which was on the front-page yesterday, was actually the reason I created this thread here...
Because it got me somehow confused.
(ADEGBORUWA: BUHARI’S BROADCAST CONTEMPT OF COURT)

Part of the thread read:
“Under section 235 of the 1999 Constitution, the Supreme Court is the final authority in legal pronouncements in Nigeria.

“Under section 287(1) of the Constitution, the President is statutorily obliged to obey, enforce and give effect to the decision of the Supreme Court.

“Section 287(1) of the 1999 Constitution:

“(1) The decisions of the Supreme court shall be enforced in any part of the Federation by all authorities and persons, and by courts with subordinate jurisdiction to that of the supreme Court.”

AfricanColumbus:



Nothing supercedes a presidential executive order. It can only be revoked if deemed grossly unconstitutional.

Who will declare it unconditional? Are you a lawyer?

BluntCrazeMan:
This topic here below, which was on the front-page yesterday, was actually the reason I created this thread here...
Because it got me somehow confused.
(ADEGBORUWA: BUHARI’S BROADCAST CONTEMPT OF COURT)

Part of the thread read:
“Under section 235 of the 1999 Constitution, the Supreme Court is the final authority in legal pronouncements in Nigeria.

“Under section 287(1) of the Constitution, the President is statutorily obliged to obey, enforce and give effect to the decision of the Supreme Court.

“Section 287(1) of the 1999 Constitution:

“(1) The decisions of the Supreme court shall be enforced in any part of the Federation by all authorities and persons, and by courts with subordinate jurisdiction to that of the supreme Court.”

Don't mind those illiterates vomiting thrash over there. Court has power to declare president order null and void, especially on the issue constitution has made provisions for.

In the first place the Supreme Court of justice shouldn’t have entertain the Elrufai and the clueless loser aggrieved Governor’s suits. APC and Tinubu will be heavily shamed and disgrace in the upcoming presidential poll. February 25th presidential poll is here. Tinubu ti lule piiii piiii. Presidential order supersede joor. APC has been destroyed and it will continue to be destroyed in this nation. You suffered Nigerians for complete 8 years and you are still talking here. You this clueless APC Governor’s that’s not with Buhari on the cbn policies will be highly dealt with. The clueless Elrufai too on which he’s their ring leader in this clueless rants will be the scapegoat of this upcoming election. You think Nigerians are joking niiii. Elrufai will be dealt with for not obeying Buhari order. All your wailing will never hold any water. Tinubu and you guys ti lule piii piii

AfricanColumbus:
Nothing supercedes a presidential executive order. It can only be revoked by the president himself if it is deemed to be grossly unconstitutional.

You are so wrong.

Yes, a President can issue an order. However, such order is only enforceable if it was made in a valid exercise of the President’s power (i.e. the order must be within the president’s constitutional authority.

Who determines the President's constitutional authority ? - the Supreme Court!

If the Supreme Court gives an order concerning a President's order, the Supreme Court's order immediately supersedes the President's order.

One exception would be if the constitution was suspended due to war.

muykem:
Don't mind those illiterates vomiting thrash over there. Court has power to declare president order null and void, especially on the issue constitution has made provisions for.

The supreme court brought itself to ridicule by even entertaining the matter in the first place


The CBN as an independent body is in charge of monetary policies, in trying to be clever by half Elrufai and his geng took the FG to the supreme court and excluded the CBN

I know you will come with the answer that the CBN is an agency of the federal government but don't forget that the CBN is an independent body. So what stops Elrufai and his geng from taking CBN to court

muykem:
Don't mind those illiterates vomiting thrash over there. Court has power to declare president order null and void, especially on the issue constitution has made provisions for.

Ok..




Now, for this particular issue at hand...
It is not a constitutional issue.
So, it means that the Supreme Court can never overrule it,, even if it tried to do so...
Is that it??

Ofunaofu:



The supreme court brought itself to ridicule by even entertaining the matter in the first place


The CBN as an independent body is in charge of monetary policies, in trying to be clever by half Elrufai and his geng took the FG to the supreme court and excluded the CBN

I know you will come with the answer that the CBN is an agency of the federal government but don't forget that the CBN is an independent body. So what stops Elrufai and his geng from taking CBN to court

I understand this line of argument.

CBN is answerable to the FG, but it is not a part of the FG.

Thus, if the Supreme Court gave orders to the CBN with respect to a case that never had them as any of the respondents, then it became a biigg joke.
Thus, if the Supreme Court knew what they were doing, they would have issued orders to the FG to direct the CBN,, rather than issuing direct orders to the CBN that was never a party to the case.

BluntCrazeMan:



Ok..




Now, for this particular issue at hand...
It is not a constitutional issue.
So, it means that the Supreme Court can never overrule it,, even if it tried to do so...
Is that it??

All the powers of the President derive from and are provided for by the constitution.

That means all the actions of the President must comply with the constitution and the laws passed by the National Assembly.

So, the current issue is a constitutional issue, which only the Supreme Court can decide. It has to decide whether the President acted within the powers conferred on him by the constitution and laws.

The reason a country has a supreme court (and indeed other courts) is to ensure that the Executive ie., the President, Governors, Ministers etc do not misuse their powers against us, the people.

There is a reason Mr Buhari cannot issue an Executive Order for you to be arrested. That's because the constitution does not give him the power to misuse his orders like that.

Without courts like the Supreme Court, most Presidents would become dictators.

The people must guard the supreme court's authority jealously and not allow any President destroy it for their own personal interest.

The thing is that even the court registries are not obeying the court's directives. I learnt that even the Supreme Court's registry no longer accepts old notes of 500 and 1000.

There lies your answer.

BluntCrazeMan:



Ok..




Now, for this particular issue at hand...
It is not a constitutional issue.
So, it means that the Supreme Court can never overrule it,, even if it tried to do so...
Is that it??

It's still left for supreme Court to determine if constitution has made provision for it or not. The parties that went to Court believe that provision of constitution has been breached and it's only supreme Court that can say YES or NO to them.

The GRAND COMMANDER OF THE FEDERAL REPUBLIC (GCFR) reigns supreme in Nigeria.

The Supreme court is a mere political Warehouse.

Infact, na mumu dey obey Supreme Court APC

Ofunaofu:



The supreme court brought itself to ridicule by even entertaining the matter in the first place


The CBN as an independent body is in charge of monetary policies, in trying to be clever by half Elrufai and his geng took the FG to the supreme court and excluded the CBN

I know you will come with the answer that the CBN is an agency of the federal government but don't forget that the CBN is an independent body. So what stops Elrufai and his geng from taking CBN to court

Some of you are just trying to imposed your sentimental views on law. You are raising issue of jurisdiction which will be determined by the same Court during hearing of substantial case. This has nothing to do with obeying interim order.