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Court Of Appeal Has Jurisdiction To Stop FG From Swearing-in Tinubu On May 29th - Politics - Nairaland

Nairaland Forum / Nairaland / General / Politics / Court Of Appeal Has Jurisdiction To Stop FG From Swearing-in Tinubu On May 29th (2749 Views)

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Court Of Appeal Has Jurisdiction To Stop FG From Swearing-in Tinubu On May 29th by SReporters: 1:58am On Apr 12, 2023
The Court of Appeal acting as the presidential election tribunal has the Inherent jurisdiction under "section 6(6) of the 1999" constitution to maintain the status quo ante by restraining the Federal Govt. from swearing in the president elect on the 29th of May 2023 until the determination of the election petition.

The reason being that section 134(1)(a) and section 135(2) of 1999 constitution as amended states that the president holds office until (a) the president elect takes the oath of office while section 135(2) says that the tenure of the president commences when he takes the oath of allegiance and oath of office.

There is nothing in this sections of the constitution that stipulates that the tenure of the present govt. must end on May 29th 2023 nor did it stipulates that the tenure of the incoming govt. must start on 29th May 2023.

Since the legitimacy of the return of Bola Ahmed Tinubu as the president elect in the just concluded presidential election is before the Court of Appeal, it would amount to dissipation or destruction of the Res (subject matter of Dispute) to allow for the inauguration or swearing- in of Bola Ahmed Tinubu as the president of the federal Republic of Nigeria while the matter is in court.

In other to balance the trial and give court free space to decide on the matter, it is absolutely necessary that the Presidential Election Tribunal puts on hold the swearing-in or inauguration of the alleged President elect pending the final decision of the highest court of the land.

It is after this that the adjudged winner of the election can legitimately take the oath of office and oath of allegiance. It is also then it can be said that the tenure of the present govt. can be said to have come to an end and a new tenure commencing.

It will sound novel that this position is being propagated but that is the true and undiluted position of the constitution of Nigeria. Sections 134 and 135 are clear and must be given their literal interpretation. So long as the constitution does not say that the tenure of every level of govt must come to an end on the 29th of May 2023, then the position of sections 134 &135 of the constitution must be given its imprimatur by the courts of the land.

A presidential election petition is no more important than every other litigation in the country and since other States now have their off-season elections by court decisions, it then goes to give credence to the fact that May 29th is not sacrosanct for the inauguration of a new govt.

The swearing of a new govt. at the federal level, must await the final decision of the highest court of the land. My humble view on this matter.

Barr. Ifeanyi Anugom.

NB. This is what Peter Obi used against Andy Uba in tenure interpretation.

https://www.solutionreporters.com/2023/04/12/court-of-appeal-has-jurisdiction-to-stop-fg-from-swearing-in-tinubu-on-may-29th/

3 Likes

Re: Court Of Appeal Has Jurisdiction To Stop FG From Swearing-in Tinubu On May 29th by TemplarLandry: 1:59am On Apr 12, 2023
Hmm

1 Like

Re: Court Of Appeal Has Jurisdiction To Stop FG From Swearing-in Tinubu On May 29th by shuttox: 2:20am On Apr 12, 2023
APC dont obey court order

7 Likes 1 Share

Re: Court Of Appeal Has Jurisdiction To Stop FG From Swearing-in Tinubu On May 29th by JuicyStar: 5:42am On Apr 12, 2023
SReporters:
The Court of Appeal acting as the presidential election tribunal has the Inherent jurisdiction under "section 6(6) of the 1999" constitution to maintain the status quo ante by restraining the Federal Govt. from swearing in the president elect on the 29th of May 2023 until the determination of the election petition.

The reason being that section 134(1)(a) and section 135(2) of 1999 constitution as amended states that the president holds office until (a) the president elect takes the oath of office while section 135(2) says that the tenure of the president commences when he takes the oath of allegiance and oath of office.

There is nothing in this sections of the constitution that stipulates that the tenure of the present govt. must end on May 29th 2023 nor did it stipulates that the tenure of the incoming govt. must start on 29th May 2023.

Since the legitimacy of the return of Bola Ahmed Tinubu as the president elect in the just concluded presidential election is before the Court of Appeal, it would amount to dissipation or destruction of the Res (subject matter of Dispute) to allow for the inauguration or swearing- in of Bola Ahmed Tinubu as the president of the federal Republic of Nigeria while the matter is in court.

In other to balance the trial and give court free space to decide on the matter, it is absolutely necessary that the Presidential Election Tribunal puts on hold the swearing-in or inauguration of the alleged President elect pending the final decision of the highest court of the land.

It is after this that the adjudged winner of the election can legitimately take the oath of office and oath of allegiance. It is also then it can be said that the tenure of the present govt. can be said to have come to an end and a new tenure commencing.

It will sound novel that this position is being propagated but that is the true and undiluted position of the constitution of Nigeria. Sections 134 and 135 are clear and must be given their literal interpretation. So long as the constitution does not say that the tenure of every level of govt must come to an end on the 29th of May 2023, then the position of sections 134 &135 of the constitution must be given its imprimatur by the courts of the land.

A presidential election petition is no more important than every other litigation in the country and since other States now have their off-season elections by court decisions, it then goes to give credence to the fact that May 29th is not sacrosanct for the inauguration of a new govt.

The swearing of a new govt. at the federal level, must await the final decision of the highest court of the land. My humble view on this matter.

Barr. Ifeanyi Anugom.

NB. This is what Peter Obi used against Andy Uba in tenure interpretation.

https://www.solutionreporters.com/2023/04/12/court-of-appeal-has-jurisdiction-to-stop-fg-from-swearing-in-tinubu-on-may-29th/

Should the governors, senators, rep members be sworn in come May 29 or they should wait till the various tribunals conclude their trails? Remember these people have election petitions challenging their legitimacy also?

10 Likes 1 Share

Re: Court Of Appeal Has Jurisdiction To Stop FG From Swearing-in Tinubu On May 29th by Ikaeniyan0: 5:45am On Apr 12, 2023
SReporters:
The Court of Appeal acting as the presidential election tribunal has the Inherent jurisdiction under "section 6(6) of the 1999" constitution to maintain the status quo ante by restraining the Federal Govt. from swearing in the president elect on the 29th of May 2023 until the determination of the election petition.

The reason being that section 134(1)(a) and section 135(2) of 1999 constitution as amended states that the president holds office until (a) the president elect takes the oath of office while section 135(2) says that the tenure of the president commences when he takes the oath of allegiance and oath of office.

There is nothing in this sections of the constitution that stipulates that the tenure of the present govt. must end on May 29th 2023 nor did it stipulates that the tenure of the incoming govt. must start on 29th May 2023.

Since the legitimacy of the return of Bola Ahmed Tinubu as the president elect in the just concluded presidential election is before the Court of Appeal, it would amount to dissipation or destruction of the Res (subject matter of Dispute) to allow for the inauguration or swearing- in of Bola Ahmed Tinubu as the president of the federal Republic of Nigeria while the matter is in court.

In other to balance the trial and give court free space to decide on the matter, it is absolutely necessary that the Presidential Election Tribunal puts on hold the swearing-in or inauguration of the alleged President elect pending the final decision of the highest court of the land.

It is after this that the adjudged winner of the election can legitimately take the oath of office and oath of allegiance. It is also then it can be said that the tenure of the present govt. can be said to have come to an end and a new tenure commencing.

It will sound novel that this position is being propagated but that is the true and undiluted position of the constitution of Nigeria. Sections 134 and 135 are clear and must be given their literal interpretation. So long as the constitution does not say that the tenure of every level of govt must come to an end on the 29th of May 2023, then the position of sections 134 &135 of the constitution must be given its imprimatur by the courts of the land.

A presidential election petition is no more important than every other litigation in the country and since other States now have their off-season elections by court decisions, it then goes to give credence to the fact that May 29th is not sacrosanct for the inauguration of a new govt.

The swearing of a new govt. at the federal level, must await the final decision of the highest court of the land. My humble view on this matter.

Barr. Ifeanyi Anugom.

NB. This is what Peter Obi used against Andy Uba in tenure interpretation.

https://www.solutionreporters.com/2023/04/12/court-of-appeal-has-jurisdiction-to-stop-fg-from-swearing-in-tinubu-on-may-29th/
What section will the Appeal Court use to backup this judgement?

2 Likes

Re: Court Of Appeal Has Jurisdiction To Stop FG From Swearing-in Tinubu On May 29th by SIONKPO1(m): 5:45am On Apr 12, 2023
I believe the North are cooking something ooo. CJN BAT Should just watch out

1 Like

Re: Court Of Appeal Has Jurisdiction To Stop FG From Swearing-in Tinubu On May 29th by Ikaeniyan0: 5:47am On Apr 12, 2023
SIONKPO1:
I believe the North are cooking something ooo.
CJN
BAT
Should just watch out
Nobody is cooking anything

Bola Tinubu will become the president on may 29

Make una face reality and leave all this chidish talk

17 Likes 6 Shares

Re: Court Of Appeal Has Jurisdiction To Stop FG From Swearing-in Tinubu On May 29th by muykem: 5:53am On Apr 12, 2023
JuicyStar:


Should the governors, senators, rep members be sworn in come May 29 or they should wait till the various tribunals conclude their trails? Remember these people have election petitions challenging their legitimacy also?
IPOB members and their lawyers don't think like that.

11 Likes 3 Shares

Re: Court Of Appeal Has Jurisdiction To Stop FG From Swearing-in Tinubu On May 29th by muykem: 5:55am On Apr 12, 2023
SIONKPO1:
I believe the North are cooking something ooo.
CJN
BAT
Should just watch out
All northerners include those who supported Atiku have accepted Tinubu victory. They prefer Tinubu one million times to Peter Obi.

12 Likes 2 Shares

Re: Court Of Appeal Has Jurisdiction To Stop FG From Swearing-in Tinubu On May 29th by Emir01: 5:56am On Apr 12, 2023
Desperate Ipob members, Obi will never rule this country.

4 Likes 1 Share

Re: Court Of Appeal Has Jurisdiction To Stop FG From Swearing-in Tinubu On May 29th by Lifestone(m): 6:04am On Apr 12, 2023
So you are pushing for 3rd Term for Buhari. That Lawyer is a daft. What then happens to the Electoral Act?
That argument is dead on arrival. Anyway Obi didn't ask for such relief and Court can't dash you what you didn't ask for, court is not a father Christmas

2 Likes

Re: Court Of Appeal Has Jurisdiction To Stop FG From Swearing-in Tinubu On May 29th by fartkay(m): 7:00am On Apr 12, 2023
Does the op knows that staying a day beyond stipulated 4/8years or 1/2term in office is tantamount to tenure elongation which is also alien to the Nigerian Constitution.
Be wise

7 Likes

Re: Court Of Appeal Has Jurisdiction To Stop FG From Swearing-in Tinubu On May 29th by press9jatv: 12:07pm On Apr 12, 2023
Tinubu is in deep trouble and mess

2 Likes

Re: Court Of Appeal Has Jurisdiction To Stop FG From Swearing-in Tinubu On May 29th by press9jatv: 12:08pm On Apr 12, 2023
Cc mynd44 cc Seun cc OAM4j cc lalasticlala cc nlfpmod cc Dominique cc justwise Fp

1 Like

Re: Court Of Appeal Has Jurisdiction To Stop FG From Swearing-in Tinubu On May 29th by Legitiscool: 12:10pm On Apr 12, 2023
By Ifeanyi

The fact that court of appeal hasn't put the sweet in on hold shows they are not seeing anything tangible enough to pause it
Re: Court Of Appeal Has Jurisdiction To Stop FG From Swearing-in Tinubu On May 29th by Christistruth03: 1:08pm On Apr 12, 2023
It doesn’t
Re: Court Of Appeal Has Jurisdiction To Stop FG From Swearing-in Tinubu On May 29th by Christistruth03: 1:09pm On Apr 12, 2023
press9jatv:
Tinubu is in deep trouble and mess

Inside your imagination

Give up Mkpuru Miri

4 Likes

Re: Court Of Appeal Has Jurisdiction To Stop FG From Swearing-in Tinubu On May 29th by SIONKPO1(m): 1:13pm On Apr 12, 2023
Ikaeniyan0:
Nobody is cooking anything

Bola Tinubu will become the president on may 29

Make una face reality and leave all this chidish talk
I want him to be sworn in but the Judiciary should be fast in dispensing justice
Re: Court Of Appeal Has Jurisdiction To Stop FG From Swearing-in Tinubu On May 29th by press9jatv: 1:35pm On Apr 12, 2023
Christistruth03:


Inside your imagination

Give up Mkpuru Miri
Tinubu the clueless drug baron is in deep trouble. He will never escape the trouble he put himself into.

1 Like

Re: Court Of Appeal Has Jurisdiction To Stop FG From Swearing-in Tinubu On May 29th by kozmokaz(m): 1:57pm On Apr 12, 2023
Ireportlive:
And as Buhari rightfully said to Lawyers at NBA conference

He Buhari would set aside court injuction and pronouncement on matters of National security


We know the day a court pronounces such judgement... A war and ethnic cleansing starts

Markets would go up in flames as arsonist would wreck havoc as don during the wettiie crisis of 70s,

.a particular tribe would become endengered specie in the North and West as previous Massacres would be child's play with the current level of arms in circulation


Is this a threat ?
Re: Court Of Appeal Has Jurisdiction To Stop FG From Swearing-in Tinubu On May 29th by Ireportlive: 2:07pm On Apr 12, 2023
kozmokaz:



Is this a threat ?
Do you feel threatened
Re: Court Of Appeal Has Jurisdiction To Stop FG From Swearing-in Tinubu On May 29th by BERNIMOORE: 2:23pm On Apr 12, 2023
Ireportlive:
And as Buhari rightfully said to Lawyers at NBA conference

He Buhari would set aside court injuction and pronouncement on matters of National security


We know the day a court pronounces such judgement... A war and ethnic cleansing starts

Markets would go up in flames as arsonist would wreck havoc as don during the wettiie crisis of 70s,

.a particular tribe would become endengered specie in the North and West as previous Massacres would be child's play with the current level of arms in circulation
@seun please read this post and have your take on it
Re: Court Of Appeal Has Jurisdiction To Stop FG From Swearing-in Tinubu On May 29th by kozmokaz(m): 2:23pm On Apr 12, 2023
Ireportlive:

Do you feel threatened

By you ?

Nope

The said tribe have faced worst and guess what ?

They bounced back a thousand times stronger
Re: Court Of Appeal Has Jurisdiction To Stop FG From Swearing-in Tinubu On May 29th by Ireportlive: 2:27pm On Apr 12, 2023
kozmokaz:


By you ?

Nope

The said tribe have faced worst and guess what ?

They bounced back a thousand times stronger

Good for them... I stated fact back by repeated trend and history of massacre in Nigeria since 50s to 80s

If you feel threatened then good for you, if not fine all the best


.
Re: Court Of Appeal Has Jurisdiction To Stop FG From Swearing-in Tinubu On May 29th by Ireportlive: 2:28pm On Apr 12, 2023
BERNIMOORE:
@seun please read this post and have your take on it

History as represented as fact since the 50s pre independence
Re: Court Of Appeal Has Jurisdiction To Stop FG From Swearing-in Tinubu On May 29th by colorsofrainbow: 2:41pm On Apr 12, 2023
Ireportlive:
And as Buhari rightfully said to Lawyers at NBA conference

He Buhari would set aside court injuction and pronouncement on matters of National security


We know the day a court pronounces such judgement... A war and ethnic cleansing starts

Markets would go up in flames as arsonist would wreck havoc as done during the wettiie crisis of 70s,

.a particular tribe would become endengered specie in the North and West as previous Massacres would be child's play with the current level of arms in circulation


When I wake up, hearing a certain tribe beating the drums of war, I'll simply go back to bed grin
Re: Court Of Appeal Has Jurisdiction To Stop FG From Swearing-in Tinubu On May 29th by Finestgurlie(f): 2:50pm On Apr 12, 2023
Ireportlive:



General Abacha once said " thier tribe are well known to love money.. toe them 100k a man sells his wife.. add 50k and he will bring his mother and kids
mynd44 lalasticlala Seun Dominique nlfpmod Mukina2
Rule 2

1 Like

Re: Court Of Appeal Has Jurisdiction To Stop FG From Swearing-in Tinubu On May 29th by SledgeHammerer: 2:51pm On Apr 12, 2023
Many are mad few are roaming
Re: Court Of Appeal Has Jurisdiction To Stop FG From Swearing-in Tinubu On May 29th by Burruchaga71(m): 2:52pm On Apr 12, 2023
Tinubu can never be swear inn or this country will be burn to ashes.

🀞🀞🀞

1 Like

Re: Court Of Appeal Has Jurisdiction To Stop FG From Swearing-in Tinubu On May 29th by SenatePresdo(m): 4:29pm On Apr 12, 2023
APC that can disobey court order and swear Tinubu in.

If you want to succeed in Nigeria politics, learn how to be a risk taker.

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