₦airaland Forum

Cherrybae:
Boss pls clarify me,

1. Does the sole Administrator have powers to conduct LGA Elections ?

2. Does He have powers to remove the chief Judge..

I'm totally confused

I honestly don't have a clear answer for question 1, though I lean towards a 'no' but then again, he has more or less all the powers of a State Governor. So it is legitimate to suggest that he conduc kocal government elections.

He can't remove a Chief Judge.

DeLaRue:
The Nigerian constitution permits it.

Oxford Dictionary defines a State of Emergency as:

'a situation of national danger or disaster in which a government suspends normal constitutional procedures in order to regain control'

According to Wikipedia:

'a state of emergency is a situation in which a government is empowered to put through policies that it would normally not be permitted to do'.


In other words, all the normal (democratic) ways of running a State are suspended for now.

In authorising a President to declare a State of emergency in a State, the Nigerian Constitution contemplates and authorise that certain democratic principles and indeed certain parts of the Constitution can be suspended in order to allow the State of Emergency to be effective.

I am of the opinion that the Sole administrator is acting within the bounds of the Constitution.

This your definition conflicts with what is in the constitution as it concerns SoE. Nowhere does the constitution ask that any part of it be suspended because of a state of emergency neither does the constitution empower the president with powers he will normally not have in the event of SoE.

DeLaRue:
I honestly don't have a clear answer for question 1, though I lean towards a 'no'.

He can't remove a Chief uJudge.

Many thanks

I said it that the sole administrator is going to remove all fubaras feathers.

I am afraid Fubara will not survive this onslaught,the forces fighting him are too powerful.

Cherrybae:
Boss pls clarify me,

1. Does the sole Administrator have powers to conduct LGA Elections ?

2. Does He have powers to remove the chief Judge..

I'm totally confused

1. He has the power to conduct LG Election.

2. He doesn't have the power to remove the Chief Judge.

DeLaRue:
The Nigerian constitution permits it.

Oxford Dictionary defines a State of Emergency as:

'a situation of national danger or disaster in which a government suspends normal constitutional procedures in order to regain control'

According to Wikipedia:

'a state of emergency is a situation in which a government is empowered to put through policies that it would normally not be permitted to do'.


In other words, all the normal (democratic) ways of running a State are suspended for now.

In authorising a President to declare a State of emergency in a State, the Nigerian Constitution contemplates and authorise that certain democratic principles and indeed certain parts of the Constitution can be suspended in order to allow the State of Emergency to be effective.

I am of the opinion that the Sole administrator is acting within the bounds of the Constitution.

Which section of the constitution.. not according to oxford

Agbegbaorogboye:
Hmmmm

So it's all about the money

But I don't believe these are poor men but maybe greedy

This is purely about the money and association. You have the opportunity to belong to a certain circle, good or bad.
Also, the professors rely solely on the government and I don't think they are that rich to an extent.

It's an opportunity, you just have to grab what you can and bounce when the party is over.

fergie001:
1. He has the power to conduct LG Election.

2. He doesn't have the power to remove the Chief Judge.

Many thanks sir

marksonrick:
This is purely about the money and association. You have the opportunity to belong to a certain circle, good or bad.
Also, the professors rely solely on the government and I don't think they are that rich to an extent.

It's an opportunity, you just have to grab what you can and bounce when the party is over.

Meehn

Agbegbaorogboye:
This your definition conflicts with what is in the constitution as it concerns SoE. Nowhere does the constitution ask that any part of it be suspended because of a state of emergency neither does the constitution empower the president with powers he will normally not have in the event of SoE.

A constitution cannot spell out every possible scenarios of human or institutional interactions in its pages. Otherwise, each constitution will fill a 25 ton lorry, and more.

Virtually all national constitutions have gaps in them.

The fact that a Constitution does not expressly mention a scenario does not mean that Judges won't attempt to discern what's in the contemplation of the constitution.

So, judges often have to fill in gaps in the constitution by inference and based on their assessment of the contemplation of the constitution.

Personally, I believe the President's declaration is consistent with the constitution. I also believe that so far, the Sole Administrator has not veered outside the constitution.

It is now up to the Supreme Court to rule on the matter, via the case brought by the PDP Governors.

We wait & see.

Agbegbaorogboye:
Well, I want to believe this will be very good ground for Fubara to approach the SC when he resumes as governor if the case from the other states is kicked out on technicalities
The state can approach the SC to determine if the Sole administrator had such powers and if he was even supposed to exist at all
All these things he's doing that will outlive his administration will be good grounds for Fubara to be able to approach SC

Which Fubara?
Some of you really think Fubara will ever return to the governance seat of Rivers State?
Know this today that the six months state of emergency will be extended by another six months ad infinitum until the Sole administrator does the complete bidding of Mr Wike and Mr President and that is to wipe out any vestiges of a power structure that Fubara attempted to build. Fubara lacks the capacity to oppose the forces against him.
Fubara is gone. Only a neophyte in Nigeria political gamesmanship will believe Fubara can return to that seat.

DeLaRue:
A constitution cannot spell out every possible scenarios of human or institutional interactions in its pages. Otherwise, each constitution will fill a 25 ton lorry, and more.

Virtually all national constitutions have gaps in them.

The fact that a Constitution does not expressly mention a scenario does not mean that Judges won't attempt to discern what's in the contemplation of the constitution.

So, judges often have to fill in gaps in the constitution by inference and based on their assessment of the contemplation of the constitution.

Personally, I believe the President's declaration is consistent with the constitution. I also believe that so far, the Sole Administrator has not veered outside the constitution.

It is now up to the Supreme Court to rule on the matter, via the case brought by the PDP Governors.

We wait & see.

Any lacuna in the constitution is to be filled by an Act of the NASS not a judge's decision or any contemplation
The interpretation of the constitution is to be done "as it is written" not "as it ought to be" per Justice Kayode Esho
You cannot add your own contemplation or inclinations to the constitution simply because you're a judge. That is judicial rascality or activism which is never encouraged in any decent society

Goosethetruth:
Which Fubara?
Some of you really think Fubara will ever return to the governance seat of Rivers State?
Know this today that the six months state of emergency will be extended by another six months ad infinitum until the Sole administrator does the complete bidding of Mr Wike and Mr President and that is to wipe out any vestiges of a power structure that Fubara attempted to build. Fubara lacks the capacity to oppose the forces against him.
Fubara is gone. Only a neophyte in Nigeria political gamesmanship will believe Fubara can return to that seat.

Lol. You mean state of emergency for 2 straight years? Are you dreaming or wishing?

mrvitalis:
This was actually the real reason he was appointed.... Lmaooo

na local government money be their problem.

fergie001:
1. He has the power to conduct LG Election.

2. He doesn't have the power to remove the Chief Judge.

I think the question should be if he has the powers to appoint members of SIEC given that the constitution and state laws require the HoA to approve any appointment to SIEC. He is simply going above his remit in my view. He is simply saying he is both the executive and the legislature rolled into one

ruggedtimi:
na local government money be their problem.

Nope

Agbegbaorogboye:
I think the question should be if he has the powers to appoint members of SIEC given that the constitution and state laws require the HoA to approve any appointment to SIEC. He is simply going above his remit in my view. He is simply saying he is both the executive and the legislature rolled into one

Don't blame him...
The people who should carry out the oversight are waiting instructions from France and the UK.

Agbegbaorogboye:
Any lacuna in the constitution is to be filled by an Act of the NASS not a judge's decision or any contemplation
The interpretation of the constitution is to be done "as it is written" not "as it ought to be" per Justice Kayode Esho
You cannot add your own contemplation or inclinations to the constitution simply because you're a judge. That is judicial rascality or activism which is never encouraged in any decent society

But that is what we saw with the Supreme Court on LG Autonomy

fergie001:
But that is what we saw with the Supreme Court on LG Autonomy

Even in that case? They claimed to "make a law"

In this particular case, they are being asked to interpret the law in relation to action already taken

fergie001:
Don't blame him...
The people who should carry out the oversight are waiting instructions from France and the UK.

Ah!!
It don clear now

Agbegbaorogboye:
Lol. You mean state of emergency for 2 straight years? Are you dreaming or wishing?

Okay let's watch.
Fubara has been led to this stage by people misleading him for their selfish reasons.
I assure you Fubara can never regain that seat and if the forces against him allow him to attain the last days of his rule the reconstituted assembly house will impeach him.
Already the local government's are controlled by Wikes boys.
The Rsiec is controlled by a Wike man.
Soon they will sack the State chief judge.
The odds against Fubara are formidable but his supporters are free to hope and be deluded. I am only being realistic.
Fubara himself knows he is a goner.

mrvitalis:
Nah not really ... They know they can't impeach him... There only Hope is 2027

Wike is very unpopular in rivers state as we speak

I don't really care sha

Fubara is foolish if he thinks Tinubu is neutral at this point

It is not about popularity, it is about who is daring and more evil. Fubara might take a bow, or a plea bargain. We are not in a democracy. But a demo_dictocracy

Goosethetruth:
Okay let's watch.
Fubara has been led to this stage by people misleading him for their selfish reasons.
I assure you Fubara can never regain that seat and if the forces against him allow him to attain the last days of his rule the reconstituted assembly house will impeach him.
Already the local government's are controlled by Wikes boys.
The Rsiec is controlled by a Wike man.
Soon they will sack the State chief judge.
The odds against Fubara are formidable but his supporters are free to hope and be deluded. I am only being realistic.
Fubara himself knows he is a goner.

You need to rest with your alternate reality
There's nothing you wrote that conforms with reality

Agbegbaorogboye:
You need to rest with your alternate reality
There's nothing you wrote that conforms with reality

Ok.
I will remind you by giving you a shout out when the plan begins to manifest.
I repeat Fubara is never returning to that seat. He is a goner!!!

Goosethetruth:
Ok.
I will remind you by giving you a shout out when the plan begins to manifest.
I repeat Fubara is never returning to that seat. He is a goner!!!

You can repeat it a thousand times till it starts to echo in your brain

It won't make it a reality

Agbegbaorogboye:
You can repeat it a thousand times till it starts to echo in your brain

It won't make it a reality

I have no interest in Wike,Tinubu or Fubara but I am telling you how this high powered political game ends.
Fubara is a goner. His political career is as dead as a dodo.

So now the proffesors s will be answering Sir to the Doctorate degree holder who is a chairman. Because of wetin....

Goosethetruth:
I have no interest in Wike,Tinubu or Fubara but I am telling you how this high powered political game ends.
Fubara is a goner. His political career is as dead as a dodo.

You have no interest yet you're declaring someone a goner and his political career dead

You fool no one Mr

Agbegbaorogboye:
You have no interest yet you're declaring someone a goner and his political career dead

You fool no one Mr

I am a realist.
I repeat Fubara is a goner. Where are all those screaming Aswana war songs prior to the state of emergency. They are loudly silent.

Goosethetruth:
I am a realist.
I repeat Fubara is a goner. Where are all those screaming Aswana war songs prior to the state of emergency. They are loudly silent.

A realist will know that SoE can't continue in perpetuity but what do I know about those who revel in alternate reality
You can't say with certainty who is a goner or not since you are not God and in strictly realistic terms, what is the relationship between asawana and SoE?
And you insist you're neutral!!

Agbegbaorogboye:
A realist will know that SoE can't continue in perpetuity but what do I know about those who revel in alternate reality
You can't say with certainty who is a goner or not since you are not God and in strictly realistic terms, what is the relationship between asawana and SoE?
And you insist you're neutral!!

Ok.
I have enough of your name in my mentions so that I can call you out when the alternative reality becomes the ultimate reality.
My last post to you until ultimate reality dawns on you.

mrvitalis:
Nah not really ... They know they can't impeach him... There only Hope is 2027

Wike is very unpopular in rivers state as we speak

I don't really care sha

Fubara is foolish if he thinks Tinubu is neutral at this point

From ur second paragraph
It shows dat... Ur brain is controversially malfunctioning
U need mental health therapy