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“Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? - Politics (9) - Nairaland

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Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by Nwaide01: 10:07am On Feb 17, 2023
lexy2014:


Offpoint. Kindly answer my questions one after the other

1. Which veto power does the president have and how is it related to presidential address?

2 How does everything you said now automatically mean that a presidential address supercedes a court order?

3. If you say that an order given by the president isn't law, how then does it supercede a court order?
We are all here to learn,the op asked a question about which orders supersede each other between the SC and the president. (Mind you we're not talking about judgement here.) Then in the course of the discuss two important issues come up: 1 who enforces the other of the SC and 2 what is the executive list.
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by AfricanColumbus: 10:14am On Feb 17, 2023
Abemy:


You failed to tell us who can deem it grossly unconstitutional and who can also revoke it.

You are aloting too much powers to the president.


The president has all the powers that be.
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by AfricanColumbus: 10:14am On Feb 17, 2023
Abemy:


But executive orders can be challenged in court.

Yes.
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by AfricanColumbus: 10:16am On Feb 17, 2023
NwokoloOwa:


Who deems it unconstitutional? Or let me rephrase, who determines the unconstitutionality of an executive order?

Executive orders pass through legislature for checking before announcement so the orders are not unconstitutional.
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by AfricanColumbus: 10:17am On Feb 17, 2023
lexy2014:


Why should the supreme court not have entertained the case and how is it's entertaining the case "an exercise in futility and a mockery of the judiciary"?


The don't have the required jurisdiction on monetary policies.
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by AfricanColumbus: 10:18am On Feb 17, 2023
Ofodirinwa:



Supreme court can revoke a presidential order by ruling it unconstitutional.


Presidential orders are hardly unconstitutional, that's the issue. They are hardly unconstitutional because they pass through the legislature before announcement.
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by Turboking(m): 10:18am On Feb 17, 2023
JASONjnr:


The president appoints the judges at the supreme court....


The president has the final order of executive order.... Every authorities bows to the executive order...
haaa olodo and what is the job of NJC grin grin
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by 27Pushing30: 10:19am 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..







When you see the number of ignorant people in Nigeria, fear will grip you.
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by AfricanColumbus: 10:19am On Feb 17, 2023
Upworkwriter007:
What's this? Soo if the supreme court orders the president to vacate office, the president can easily issue an executive order? Which clowns are these? Ha! Supreme court can even remove buhari. The fact that buhari is publicly issued a decree automatically makes him guilty of contempt of court. Omo, the kind of things people say on Nairaland shocks me.


Don't be funny, mister. The supreme court cannot order the president out of office.
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by Belleful: 10:24am On Feb 17, 2023
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
If the CBN is an independent body as u claim, why is devil-lose emefie running to buhari for orders?
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by JASONjnr(m): 10:25am On Feb 17, 2023
Turboking:
haaa olodo and what is the job of NJC grin grin

Go school, you no gree, you say na urchin work you wan do......
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by Pascal9: 10:33am On Feb 17, 2023
Which kind of mumu question be these, Nigerians elected the president who in turn appointed the supreme court judges, all power except God is in the hands of the president , did Nigerians elect the supreme court
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by ferking(m): 10:35am On Feb 17, 2023
I'm with the president here.the president is acting on the armpit of his constitutional power in order to solve a national problem which need a drastic measures and the supreme Court happened to stylishly stand on the side of the elements of delay of national progress which I may term to call them enemies of the country
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by djon78(m): 10:37am On Feb 17, 2023
EdoBoy90:
Oga Mr. President will issue an order and you will be arrested, Heaven will not fall. Supreme Court will not do anything. Mr. President has executive immunity. The Judges at Supreme Court don't have immunity. You want DSS to open their files right? You want Mr. Malami Abubakar to sack them right? You want Mr. President to sack them right?

You just wrote thrash here.




Ask am whether Buhari no do am to onoghe former chief justice

Did heaven fall?

They are just playing
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by Upworkwriter007(f): 10:38am On Feb 17, 2023
AfricanColumbus:



Don't be funny, mister. The supreme court cannot order the president out of office.
What are you saying? A supreme court judgement can remove a president.
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by intruder15(m): 10:46am On Feb 17, 2023
DeLaRue:


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.


This current supreme court that made 4fh position become first? Make they de play. Just de play.
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by NwokoloOwa: 10:57am On Feb 17, 2023
AfricanColumbus:


Executive orders pass through legislature for checking before announcement so the orders are not unconstitutional.

We should not be misinforming people. Misinformation is what is fueling tension all over the country.

My friend, executive orders are not legislations; they require no approval from Congress. They are common “presidential” documents used in government for special policy execution. If there is a conflict with other laws of the land, it is only the courts that can determine this.
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by Christistruth00: 11:01am 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.
a

For example the Supreme Court cannot be issuing Orders or overruling the President or Military in a War Emergency
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by tunapawizzy: 11:04am On Feb 17, 2023
Flouting supreme court orders or orders of any court for that matter is something that should not be encouraged, it sets a bad precedence. The president as the leader of the country should lead by example in this regard and not do it. However, any Presidential order supercedes any other judgement or orders of the land. So if the president decides to do it, there is no law of the land that will catch him
Sadly in this situation, Presidential order is final. We have a toothless national assembly so I am sorry every Nigerian president gets away with this.
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by PoloG: 11:09am On Feb 17, 2023
Most igbos are foolish
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by REALretep(m): 11:19am On Feb 17, 2023
linearity:


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.
I agree with you

Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by joba4luv: 11:39am On Feb 17, 2023
Buhari address superceded the yeye supreme Court order,
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by SenatePresdo(m): 11:51am On Feb 17, 2023
Upworkwriter007:
Lol. what's this grin grin grin grin. The supreme court can order the president, not vice versa. oh God! Nairaland grin grin grin grin I don laugh tire over these funny opinions. Why didn't the president order APC to remain the winner of Bayelsa's election? chei, I don hear tinz

One thing is to order, another thing is to obey order.

If Buhari refuses to obey supreme Court order, what will happen to Buhari?

Oga na mumu dey obey Supreme court bayi grin
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by SenatePresdo(m): 11:56am On Feb 17, 2023
BluntCrazeMan:





This submission here is definitely not true.



And as you can see..
This topic is not supposed to be infested with biased responses, neither do we need any form of misinformation here.

Oga the president of Nigeria is stronger than supreme Court, albeit Corruptionally grin

1 Like

Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by Raf4: 12:17pm On Feb 17, 2023
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

Are you not aware that it's only d supreme Court that has the jurisdiction to handle any dispute between the FGN and states?
And again, this case is between the states involved and the FGN, not 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 MiaBeer(m): 12:18pm On Feb 17, 2023
lexy2014:


Why can't you answer the simple questions? Don't you have access to.the same constitution?

In which of your elementary school were you taught that "the executive arms of government leads other arms of government"? Can you show me where it is stated in the constitution?

Which law in Nigeria states that "The president holds the last order in the country and not the other arms of government"?

Where did you get this from:

"What the executive order does is that, it gives the president in recent times, the ability to churn out Executive Orders in the form of 'laws seeking to regulate the activities of the other arms of government."

Who told you that the president can regulate the other arms of govt? Where is it in the constitution?

You claim that "By appointment the heads of other arms of government, it means the president is paramount to other authorities".

Is that what the constitution says? Which arms of govt does the president appoints heads?

When the chief justice of the federation swears in the president, what does that mean?

How does the president appointing judges into the supreme court automatically mean that the president isn't subject to an order given by the court? Can you show me where it is in the constitution?
Your mumu is riding okada without helmet in Agege right now
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by famology(m): 12:18pm On Feb 17, 2023
AfricanColumbus:




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


Like the one he gave to the IG to relocate to Benue and he didn't go right? Mumu
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by fortunejum: 12:19pm On Feb 17, 2023
*The Supreme Court And Their Interim Order Against The CBN - The Facts and Falsehoods.*

I’ve seen lots of misleading information being peddled by some print media.

They’re claiming that the earlier Interim Order by Supreme Court still subsists and operates as injunction against the CBN.

By their own logic, the old Naira note is still valid and legal tender, due the interim order of the Supreme Court.

Well, I don’t know how best to explain the life span of Interim Orders to non-lawyers

But let me try.

An Interim Order is usually given to last for 7days.

And renewable after expiration of 7days, upon application for renewal.

Interim orders are quite different from the Interlocutory Injunctions.

Interlocutory Orders are made to last throughout the duration of the case, no matter how long the case may last in court.

The nature of the Supreme Court order against the federal government or CBN is;

Interim Injunction.

Duration is 7days.

As at today, that order has expired.

It expired by effluxion of time.

The Supreme Court sat today

The review all the facts before it, but REFUSED to renew their already expired Interim Order.

The Plaintiffs, knew the interim order has expired

They tried to get the Supreme Court to approve renewal for them

But, the Supreme Court vehemently rejected their application for renewal, but rather adjourned the case for 22nd of February for further proceedings.

The legal and natural implications of this scenario is that;

there’s absolutely no further Order restraining the CBN from going ahead with its plans, decisions, and full implementation of its new rules and policies in accordance with its constitutional duties.

Concomitantly, the deadline for the old Naira notes remains irreversible.

What it means is that; there’s no legal impediments, no obstacles or restrictions against the CBN from enforcing its rules about the use of the new Naira.

Barr. Azubuike Ihemeje
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by Ofiadiegwu: 12:23pm On Feb 17, 2023
In a perfect democracy, just like we ought to be practicing:

There are 3 semi-independent Arms of government which are:

The Legislature,
The Executive, and
The Judiciary.

Events of the past, such as the unusual procedure used to remove justice Walter Onoghen from the office of the CJN can explain a lot to you, Mr op.
If you vividly remember what happened then, prior to the 2019, then your question is answered.

Let me help you op, the lacuna is found in the National Assembly (Senate) who are supposed to play a major role in times like this.

Senator Ahmed Lawan-led NASS has practically being quiet over the matter facing Nigeria and they are the ones that has powers to issue a threat of impeachment against the Executive to make the later think twice over a decision of the nature like what Nigeria faces presently.

A Bukola Saraki-led Senate is obviously different from an Ahmed Lawan-led Senate.

Think along
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by famology(m): 12:26pm On Feb 17, 2023
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

How independent is the CBN? Let's stop fooling ourselves here. The CBN takes orders and approvals from the president. Ask yourself why it was the president that announced the recent developments as regards the CBN policy. Who made the announcement of the new extension of April 10, use of old 200 naira notes and ban of old 500 and 1000 notes? So what independence are you talking about? The CBN directly takes orders from the president. So the states were correct to sue the FG. When Buhari was making his broadcast,did you see emefiele there? Mtcheeew..... arguing rubbish. Even in the CBN act, it's clearly written who gives approvals for policies.
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by famology(m): 12:30pm On Feb 17, 2023
Normally, even the courts can void executive orders. So Buhari is just a clown. The supreme court order stands. This is the reason we need to separate the AG office from that of minister of justice.
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by DMCA: 12:36pm On Feb 17, 2023
BluntCrazeMan:




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..)

Only something that needs to be added to constitution needs to be signed into law.


Presidential address is not by itself an executive order. But executive order can be stated in his presidential address.

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