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“Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? - Politics (8) - Nairaland

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Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by linearity: 8:46am On Feb 17, 2023
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.

I guess you are joking?

Presidential Executive Orders (EO) are usually Administrative policy blueprints about how the Executive Branch intend to run a particular parastatal or ministry.

They do not create new laws, they don’t contradict existing laws and they don’t contradict the Supreme Court.

E.g. The Presidency can issue an EO that states CBN will not collect old Naira notes again. That EO is only valid as long as there is no Supreme Court or law saying otherwise.

On the Surface, Supreme Court are seen to be the most powerful, but they are not, they merely interpret the constitution and existing laws. The Legislative Branch can pass a new bill or constitutional amendment that invalidates a Supreme Court Order and if the bill is signed into law, it supersedes the the Supreme Court order.

They can also do that to a Presidential EO, but since the President will be needed to sign the bill into law and would not normally sign a bill that challenges their EO into law, the Legislative Branch would need enough vote to overcome the President’s veto.

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Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by REALretep(m): 8:46am On Feb 17, 2023
litigator:
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.

Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by HellVictorinho7: 8:48am On Feb 17, 2023
GerogeI:


What you fail to understand is the Presidents legal framing. He has already made irreversible implementations of the policy. Therefore is obeying the supreme court on the reminants. Saying otherwise becomes subject to another litigation. If he has destroyed the notes before the ruling, the supreme court cannot expect him to circulate what has been destroyed.
Tinubu just lost 72 billion Naira, unless he wins as President.
nobody has destroyed naira notes , nobody has given ,nigeria has the worst president and central bank governor ever.
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by Niwdog(m): 8:49am On Feb 17, 2023
Like some rightly said up dear
If the matter at hand is unconstitutional then the supreme Court has the final say but a policy that is well stipulated in our constitution the SC need not to entertain the case or wuss it out at first hearing..if the policy is bad then it's the duty of the national assembly to amend the constitution like stating in the constitution that CBN monetary change require six months for the old one to fossil out
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by GerogeI(m): 8:50am On Feb 17, 2023
HellVictorinho7:
nobody has destroyed naira notes , nobody has given ,nigeria has the worst president and central bank governor ever.
Prove it, in court. The CBN says they have destroyed N500 and N1000 notes which they had about 2.1 trillion as of January.
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by zachanalysis: 8:50am On Feb 17, 2023
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.
Stop misinforming the people abeg. The president's powers do not place above the court. That is why we have separation of powers where each organ of government is separated and independent of the other. However, not minding this separation, each of the organs has the power to check the other. But it seems the check and balance principle only apply between the executive and the legislature because the Judiciary tends to have a technical edge over the other two. For example, while the executive can veto the legislature and the conversely the legislature can override what it considers as executive excesses. However, only the Judiciary can the declare the actions of both the executive and the judiciary as unconstitutional without expecting any legal retaliatory moves. The Judiciary can declare the action of the executive as ultra-vires and also declare the action of the legislature as non and void. The privileged position of the Judiciary is hinged on the notion that the Judiciary is the voice of equity, fairness and justice as well as the hope of the common man. All this are contained in our constitution but given the peculiar nature of our democracy, you don't expect a political ignoramus like Buhari to appreciate the sanctity and significance of the court.
Maobichek:


Good morning, in every democratic government, there is always the executive, judiciary and the legislature.

Executive executes the law, legislature makes the law and judiciary interprets the law.

African democraies is such that the executive is the senior pattener hence executive most times abuse the power given to her.

This explains why PMB's broadcast is miles ahead of the supreme court injunction as regards to the current issue at hand, thank you.
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by Maga123: 8:52am On Feb 17, 2023
Na confusion carry those governors go court they smell defeat and troubles in the air.I learnt in secondary school that exclusive list are resided with the executive which stipulates that issues of currency, military,foreign affairs etc.So why will they take buharis boy to court abi because he dine with them(bought apc predidential form hmmmm).Excutive order is and will still remain superior to any power. And concerning why he didn't signed it in a document to validate the executive order hmmm wuna don forget say buhari was a head of state before so he is used to declaring
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by REALretep(m): 8:53am On Feb 17, 2023
linearity:


I guess you are joking?

Presidential Executive Orders (EO) are usually Administrative policy blueprints about hoe te Executive Branch intend to run a particular parastatal or ministry.

They do not create new laws, they don’t contradict existing laws and they don’t contradict the Supreme Court.

E.g. The Presidency can issue an EO that states CBN will not collect old Naira notes again. That EO is only valid as long as there is no Supreme Court or law saying otherwise.

On the Surface, Supreme Court are seen to be the most powerful, but they are not, they merely interpret the constitution and exiting law. The Legislative Branch can pass a new bill or constitutional amendment that invalidates a Supreme Court Order and if the bill is signed into law, it supersedes the the Supreme Court order.

They can also do that to a Presidential EO, but since the President will be needed to sign the bill into law and would not normally sign a bill that challenges their EO into law, the Legislative Branch would need the numbers to overcome the President’s veto.
Your submission holds true when the executive arm of government has regard for the rule of law.
In this case where the executive has no regard for the rule of law or only enforces court decisions when convenient, then your submission is false.

Buhari has repeatedly shown absolutely no regard for the rule of law. He only obeys court decisions when they serve his purpose.
Therefore, in his administration, presidential executive orders reigns supreme above judicial or even legislative pronouncements
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by mannatech: 8:54am On Feb 17, 2023
descartes400:


These are valid questions you asked that borders on legality/constitutionality. With regards to your first questions and to whom it is directed to, these people tend to assume that monetary policies exist outside the realm of " the constitution of the federal republic of nigeria" therefore cannot be subjected to any form of judicial review.
Is it constitutional
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by sekavbasil: 8:59am On Feb 17, 2023
Nonsense Supreme Court that has been given verdict in favour of those who didn't contest election against those who contest legitimately?
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by Niwdog(m): 9:00am On Feb 17, 2023
lexy2014:


Offpoint. Can you kindly answer the following questions?

How does the supreme court not have jurisdiction over monetary policies?

Does it exempt the supreme court from adjudicating on a case relating to monetary policies?

Are there any matters that the supreme court can't adjudicate on?
my question for you is
Naira redisign constitutional or unconstitutional? If yes why is it then brought to the supreme court
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by Deoo1125: 9:01am On Feb 17, 2023
Somebody dey reply u with no constitutional section to back it and u self believe am.





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.”
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by tete7000(m): 9:03am On Feb 17, 2023
Ikechukwutech:

Only the Abuja cabal is ending

And the cabals are not part of apc? Have you not read that a house divided against itself cannot stand, and also that any house built on quicksand of falsehood and lies will ultimately fall apart?
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by Deoo1125: 9:07am On Feb 17, 2023
Una no get sense at all,u are a brainless fool. The CBN is only independent to make monetary decision and not independent of the constitution that created it in the first place..






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
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by HellVictorinho7: 9:08am On Feb 17, 2023
GerogeI:

Prove it, in court. The CBN says they have destroyed N500 and N1000 notes which they had about 2.1 trillion as of January.
the old notes with the cbn do not concern those on the street. I speak of those finding survival so hard , no new naira note, a few old notes to feed for 2-4 days,no android phone,no money to buy nin,pvc, bank account, nothing is free here.
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by Deoo1125: 9:09am On Feb 17, 2023
Go back and read the case again.



BluntCrazeMan:
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.
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by seaenergy: 9:11am On Feb 17, 2023
BluntCrazeMan:
**(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.

who is CNC of Nigeria? chief justice or President? whomever in charge supersedes
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by sunray(m): 9:13am On Feb 17, 2023
sekavbasil:
Nonsense Supreme Court that has been given verdict in favour of those who didn't contest election against those who contest legitimately?

Supreme court verdict is based on laws and evidence before the Panel not on jaundiced opinions and emotions on the streets.
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by Jogideen: 9:14am On Feb 17, 2023
How can the President's law overseed the Supreme Court law hope all of you vomiting trash understand the Constitution of this country

1 Like

Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by HellVictorinho7: 9:20am On Feb 17, 2023
Maga123:
Na confusion carry those governors go court they smell defeat and troubles in the air.I learnt in secondary school that exclusive list are resided with the executive which stipulates that issues of currency, military,foreign affairs etc.So why will they take buharis boy to court abi because he dine with them(bought apc predidential form hmmmm).Excutive order is and will still remain superior to any power. And concerning why he didn't signed it in a document to validate the executive order hmmm wuna don forget say buhari was a head of state before so he is used to declaring
executive order to literally burn your daughter to stop corruption , how will it sound to you?
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by 27Pushing30: 9:20am On Feb 17, 2023
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.

LMAOOOOOOOOOOOO what'd you smoke?
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by Ivanspring(f): 9:21am On Feb 17, 2023
After going through this thread, it is obvious that Nigeria needs to, as a matter of educational emergency, make the study of civic education and government very compulsory in all tiers of education.

I'm in shock!

No arm of government has ABSOLUTE power in a democratic setting. They are to act as "Checks and Balances" to one another.

There are due processes to everything. You can't just wake up IN A DEMOCRACY and do whatever you like in any arm of government.

The Judiciary cannot just impeach the president simply because they hate him, there's a process they MUST follow.

The Executive cannot just "decree a thing and it comes to pass". There's a due process to this thing.

The Legislature cannot just wake up and pass laws simply because they feel it's good for Nigeria. There are processes they must follow.

Simply because most Nigerian leaders do not practice true democracy does not mean what they do is right before the law. The constitution has already made provision for all these issues. These leaders choose not to obey the laws governing this nation.

We now have an opportunity in the forthcoming elections to elect leaders with the fear of God and with conscience that will follow the Rule of Law and lead this nation to greater heights.
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by Freebills12: 9:27am On Feb 17, 2023
[color=#000099][/color]
lexy2014:


What are you even saying?

How can the supreme court not issue order to FG to issue to CBN?

How is cbn independent to the point where it is exempt from obeying court orders? Where is that in the constitution?

Is inec not independent? Can the supreme court grant an order to inec in a case brought to it concerning inec?

Is DSS independent? Can the supreme court grant an order to inec in a case brought to it concerning DSS?

I like your reaction! The case should have CBN as a party to it, hence Supreme Court has no right to entertain it. If the Supreme Court mandate FG to issue order to CBN then the case should be thrown out. It is high court that should adjudicate on that.

1 Like

Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by Freebills12: 9:38am On Feb 17, 2023
[color=#000099][/color]
NwokoloOwa:


Has the President not been directing the CBN on what to do? The President directed the last extension as confirmed by CBN Governor and also directed this current extensions now through a national address. Haba.

Likewise the President is bound to obey the Supreme Court totally until that order is vacated. This is basic law. Any other thing is politics. Let's stop fooling ourselves to determine which order to obey or not to obey.

The President should be listening to his VP who luckily is a Professor and SAN on constitutional issues. You can see how Kanu Agabi, representing the Attorney General dodged the issue of non compliance of FGN with the Supreme Court order. He knows the implications

The CBN is an independent body, the kaduna, kogi and zamfara state governors know that once they mentioned CBN in the case, the supreme court wouldn't grant their plea. The Supreme Court shot themselves on the leg, FG is not CBN... They can't mandate CBN when to perform their function, Nigerian constitution covers them. Supreme Court is bound to obey the constitution of the land. Those governors should take CBN to court or include as a party to the case!
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by AfricanColumbus: 9:42am On Feb 17, 2023
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.”


Being the final authority on legal procurement doesn't stop the president from giving executive orders. Executive Orders are not judiciary orders.

1 Like

Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by LordviccoDaGuru(m): 9:48am On Feb 17, 2023
Presidential address
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by Advancedman(m): 9:49am On Feb 17, 2023
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.

Yes o it lack jurisdiction in fact our apex court have become legal dump yard.

1 Like

Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by Joshbdexter(m): 9:52am On Feb 17, 2023
BluntCrazeMan:
**(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??

WHOSE ORDER DOES THE MILITARY OBEY? President or Supreme Court?

I'm here to learn more about the interpretation of the constitution with regards to the powers that be.
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by Joshbdexter(m): 9:54am On Feb 17, 2023
WHOSE ORDER DOES THE MILITARY OBEY? President or Supreme Court?
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by Ofunaofu: 10:03am On Feb 17, 2023
Deoo1125:
Una no get sense at all,u are a brainless fool. The CBN is only independent to make monetary decision and not independent of the constitution that created it in the first place..








You that is not a brainless fool what sense are you trying to make with the above comment
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by linearity: 10:03am On Feb 17, 2023
REALretep:
Your submission holds true when the executive arm of government has regard for the rule of law.
In this case where the executive has no regard for the rule of law or only enforces court decisions when convenient, then your submission is false.

Buhari has repeatedly shown absolutely no regard for the rule of law. He only obeys court decisions when they serve his purpose.
Therefore, in his administration, presidential executive orders reigns supreme above judicial or even legislative pronouncements

I can see what you are seeing, and you are not off the mark.

However, you should understand that, since we are using Nigeria as a special case here, the Presidency aka Executive Branch is not the only at fault here.

All three Branches of Government are corrupt, the Courts are no longer the ‘last hope’ of the common man. It appear ‘justice’ goes to the highest bidder today and this have led to the general distrust of the System of Justice in Nigeria.

If there is distrust for the Judiciary, such distrusts are extended to their rulings and orders as well.

What gives weight, deference and reference to a Court Order is not merely because the Order came from the Court, it is because the citizens agreed to give force to that Order, the citizens gives power to Court Order, they enforce it and ensure it is carried out. But, if those same citizens distrust the Courts as Court of Justice, their Orders are worthless and meaningless.

I have never seen a Judge walking on the streets to enforce their Orders, they rely on the same society and citizens who now distrust them to do that.

It is possible that, the Executive Branch is having the same distrust towards these Court Orders just like the society and citizens, hence the lack of zeal to abide by them. Yes, this is absolutely wrong and should not be the case, but in a lawless society anything goes.

Same goes to the Legislative Branch & Politicians in Nigeria, they are all self centered thieves seeking the next novel way to siphon the Government and steal from the people.
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by bitbillionaire: 10:05am On Feb 17, 2023
Digitron:
Supreme court does not have jurisdiction over monetary policies.

So if Supreme court rules that one dollar should be equal to one naira, who will obey it?

Lol. Supreme court cannot just wake up and rule that one dollar should be equal to one Naira baba unless the constitution clearly gave them power to make such ruling or the constitution clearly states that 1 dollar should be equal to on naira.

You don't realise that even the supreme court itself derive it's power from the constitution and can only make judgement or give order that is in line with the provision of the constitution.

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