₦airaland Forum

ivandragon:
The court played it safe.

If the constitution stipulates that a lawmaker must sit for a minimum of 180 days, it then implies that the National Assembly does not have the power to suspend a lawmaker in excess of those days because it would then be compromising the lawmaker's ability to comply with the provisions of the Constitution.

In essence, the suspension of Senator Natasha in excess of 180 days is unconstitutional, and therefore ultra vires on the part of the Senate.

Natasha was not suspended in excess of 180 days either. What is the issue now?

greggng:
Some of us don't understand the law . Any law that runs contrary to our constitution is considered null.and void . Recall the judge was able to state clearly that 6months suspension runs contrary to not only the Senate rules but also against out constitution..To that extent compliance might not be achievable ...You cannot give what you don't have. The Senate has made a mistake in suspending her for 6months ...They shoukd swallow there ego and do the right thing by allowing her do her duties . Already she has been fined for speaking about the matter on her Facebook...which court called contempt...

The danger in not calling her back means anybody can now use an arm of government to punish those he or she doesn't agree with . This is new to out constitution....They were sent there to make laws that impact meaningfully to our country ...not to use the instrument of power as political tool to intimidate others

Next time, learn to obey the rules of the game. When she was acting and clouding, you all gear her to oblivion. She must complete the six months suspension, of she fails to comply by apologizing appropriately, she will be responded for another 180. Natasha is like a typical Naija political elites who are lawless. Let the law deal with her first. Anyway, she has gone to Appeal Court.

xangerar:
Nyako is an old judge, a senior judge but this judgment sounded like it was written by a newbie.

No wahala. You can replace the Judge in the next case comrade

greggng:
Here are the facts

She broke one of the senate rules
She didn't apologise
Senate suspended her for 6months

The court is now telling you that her suspension of 6months runs contrary to our constitution..The maximum for such offense is 14days . Two wrongs don't make a right. Law makers shouldn't be law breakers

The judiciary cannot dictate to the legislative so as the legislative cannot dictate to the judiciary..they both can only advise each other..
That is separation of power SOP101..
The senate president nor the president cannot dictate to the chief judge when he/she suspends a judge under its jurisdiction..

Frezhkid10:
The judiciary cannot dictate to the legislative so as the legislative cannot dictate to the judiciary..they both can only advise each other..
That is separation of power SOP101..
The senate president nor the president cannot dictate to the chief judge when he/she suspends a judge under its jurisdiction..

Why do we now have constitution if every arm.is God on itself..? You are ignorant of the law ..The judiciary is there to checkmate the other arms of government Separation of power doesn't mean they should stay clear of each other activities ...Even when such activity harms our constitution
..

gr8ofnnetwork:
Natasha was not suspended in excess of 180 days either. What is the issue now?

https://www.premiumtimesng.com/news/top-news/778895-updated-senate-suspends-natasha-akpoti-uduaghan-for-six-months.html

She was, is that not an issue?

yarimo:
And the senator went out misleading the public that, the court order her return back to the Senate. When did advice turn to order?

She has done more and better for KOGI Central compared to Yeye Bello, Ododo and Obembe.
Thou she is a Blackmailer and workaholic



Why is your Name not among the Data Boiz

greggng:
Here are the facts

She broke one of the senate rules
She didn't apologise
Senate suspended her for 6months

The court is now telling you that her suspension of 6months runs contrary to our constitution..The maximum for such offense is 14days . Two wrongs don't make a right. Law makers shouldn't be law breakers

Read the last two paragraphs and stop confusing yourself.

That I find it excessive - opinion
That in my opinion, this part is clear
That the Senate has the power to recall - opinion

If a person is arrested and locked up, some of his fundamental rights is suspended, just as a suspended senator can't have same rights as every other senator, she was suspended for a reason.

The issue here is, the court should have invalidated the reason for her suspension, that judgement would have been a different story, this one is just an advice, can't be enforced.

sparko1:
Read the last two paragraphs and stop confusing yourself.

That I find it excessive - opinion
That in my opinion, this part is clear
That the Senate has the power to recall - opinion

If a person is arrested and locked up, some of his fundamental rights is suspended, just as a suspended senator can't have same rights as every other senator, she was suspended for a reason.

The issue here is, the court should have invalidated the reason for her suspension, that judgement would have been a different story, this one is just an advice, can't be enforced.

The only order in the Judgement is in paragraphs 1 and 2 .....the rest were her personal opinions as she stated clearly, was justice Nyako's personal opinion Binding ? No only on Advisory level..... no matter how you streched the law ' her Majesty the Justice's opinion can be rejected and it wont be refered to as not being obeyed by the senate because it was never an order to be obeyed'

Meektunz:
Sometimes court order is like advice especially if you know the law very well... As far as it is in the judgement then it's part of the ruling.

The judge recognizes that the Senate is a legislative arm of government and the judge belongs to the judiciary.

The fundamental issue that was probed by the judge (judiciary) is whether or not the action of the Senate is lawful based on the Senate's laws and since there were laws of the Senate backing the action.

The action could not be invalidated but the judge only faulted the extent of the punishment on the grounds of proper representation of the Kogi senatorial district she represents.

However, the judge (judiciary arm) can't make an order to control, change or counter lawful proceedings or activities in the Senate (legislative arm).

Gentledove2001:
I hope her new found love the Obidient noise makers will not misinterprete this? The people their "rod" and personal saviour the lying machine have turn to sharing food at a burial out of desperation.

Me I don't know why Madam Obiageli Ezekwesili hasn't said anything.

greggng:
Why do we now have constitution if every arm.is God on itself..? You are ignorant of the law ..The judiciary is there to checkmate the other arms of government Separation of power doesn't mean they should stay clear of each other activities ...Even when such activity harms our constitution
..

Some people are just ........

The judiciary can only checkmate other arms of government with the law - when the other arms of government violate the law.

In this Natasha's case of suspension, there was no violation of the law.

The separation of powers stands on certain things like lawful activities within the Senate and House of Representatives or the Judiciary, vice versa.

Have you ever wondered why the only body that punishes, investigates or try judges and recommend judges to the executive government for appointment is the National Judicial Council (NJC)?

Wallade:
Some people are just ........

The judiciary can only checkmate other arms of government with the law - when the other arms of government violate the law.

In this Natasha's case of suspension, there was no violation of the law.

The separation of powers stands on certain things like lawful activities within the Senate and House of Representatives or the Judiciary, vice versa.

Have you ever wondered why the only body that punishes, investigates or try judges and recommend judges to the executive government for appointment is the National Judicial Council (NJC)?

Are you now wiser that the judge thst says her suspension of 6months runs contrary to our constitution...that is excessive in nature and cannot be complied ? Do you know the meaning of this statement ? Does senate have right to suspend her ? The answer is yes ...is the duration legal ...the answer is No... if you suspend someone for a while period that person is expected to represent his people ...then you are evil cos you don't want anything good for the people ...you didn't vote for the her ...she is answerable to her people ...denying her that opportunity over a petty issue is evil and unconstitutional...so said the court. You can argue with yourself but you can't change our law for your selfish reasons

greggng:
Are you now wiser that the judge thst says her suspension of 6months runs contrary to our constitution.. .that is excessive in nature and cannot be complied ? Do you know the meaning of this statement ? Does senate have right to suspend her ? The answer is yes ...is the duration legal ...the answer is No... if you suspend someone for a while period that person is expected to represent his people ...then you are evil cos you don't want anything good for the people ...you didn't vote for the her ...she is answerable to her people ...denying her that opportunity over a petty issue is evil and unconstitutional...so said the court. You can argue with yourself but you can't change our law for your selfish reasons

Did the Judge order the Senate to terminate the suspension? Did the judge say the suspension can't be complied or obeyed?

The duration of suspension is legal as long as the Senate rules and regulations permit.

According to that judgement, it is only the Senate that can terminate the suspension, not by order of the court.

Stop infering the judgement of the court. That is the reason the CTC copy of the judgement is released to the public for you to study.

Read it again and tell me where the judge ordered the Senate to terminate the suspension.

I believe you understand English Language.

So many ignorant people with comprehension problems here:

The judge never said the 6 months suspension runs contrary to the constitution. Only said it was equal to 180 days which is the number of days the senator is expected to sit in the House of Assembly and represent his people. The judge believes that is excessive and would prevent the suspended senator from complying with section 6 of the constitution.

The judge never said 6 months suspension is illegal only that it is excessive in her opinion.

quote]

10. That to suspend a member for a period of 6 months equals to a suspension for 180 days and this is the same number of days a member is expected to sit in the House, representing his people. That I find this excessive and over reaching noting that it will prevent a member from complying with Section 63 of the 1999 Constitution.[/quote]

This order is poorly written oh, especially that last paragraph. It is meaningless.