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Anti-Grazing: Herdsmen’s Lawyer Disagrees With Fayose - Politics (3) - Nairaland

Nairaland ForumNairaland GeneralPoliticsAnti-Grazing: Herdsmen’s Lawyer Disagrees With Fayose (11848 Views)

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Re: Anti-Grazing: Herdsmen’s Lawyer Disagrees With Fayose by ebenholer(m): 10:49am On Sep 01, 2016
Already signed law cannot be gone against, be it federal law or state. Let the herds-men dare go against the law, I will be waiting for the repercussions.
Re: Anti-Grazing: Herdsmen’s Lawyer Disagrees With Fayose by basadenet: 10:56am On Sep 01, 2016
If you are not satisfied with law, then relocate to where you will be allowed to carry arms and dangerous weapons. The state ought to have ban them outright.
Re: Anti-Grazing: Herdsmen’s Lawyer Disagrees With Fayose by amliftedhigher: 11:13am On Sep 01, 2016
So this herdsmen have lawyers? Who hired and pay for this lawyers? Nigerians should investigate and know those behind this evil called herdsmen so that we can give them back what they have been given to innocent souls in Nigeria.
Re: Anti-Grazing: Herdsmen’s Lawyer Disagrees With Fayose by madgoat(m): 11:25am On Sep 01, 2016
The Legal Adviser to the Ekiti State chapter of the Jamu Nate Fulbe Association of Nigeria, an umbrella body for herdsmen based in Ekiti State, Mr. Umar Imam, has said it was wrong for Governor Ayodele Fayose to charge erring member of the association with terrorism for carrying light weapons.

Re: Anti-Grazing: Herdsmen’s Lawyer Disagrees With Fayose by Smooyis(m): 11:48am On Sep 01, 2016
codemaniacs:
they have external help so its very possible no matter how long it takes..

in the 1800's when fulanis were fighting yorubas their external help didn't stop the war but as soon as the yorubas started winning the war their external help stopped the war and raided bini kingdom..

the same thing happened during the civil war, external help didn't stop the war. the war ended because the SE gave up...

before the civil war, the north wanted to secede because they thought Nigeria's revenue was from groundnuts but they were warned by their external help not to secede and told them Nigeria's revenue comes from southern Nigeria... Only for Ojukwu to start trying to conquer Nigeria instead of developing the SE.
I really don't believe that things can tragically snowballed into pre colonial era. Nigeria isn't going to remain the same. I expect a visionary leader to come in between the line, to change the structure and fortunes of this great country once and for all. Remember the only permanent thing in this world is change.
Re: Anti-Grazing: Herdsmen’s Lawyer Disagrees With Fayose by whitestar01: 11:55am On Sep 01, 2016
MrPIE:
#KillersNotHerdsMen
#nayoubethekiller#
Re: Anti-Grazing: Herdsmen’s Lawyer Disagrees With Fayose by olagamalin(m): 11:57am On Sep 01, 2016
aribisala0:
How do they relocate in Germany or the US or France. Even in Nigeria they use trucks and we have heaard stories of truckfuls of cows suddenly arriving a village and being offloaded so nothing new there

How will they meet the "challenge" you ask. Well tell us what is the challenge first?

How do the rest of us meet the challenge of kidnapping and armed robbers and so on? Yes there is a security challenge in Nigeria for EVERYONE. not just them.
I agree that the terrorist clause is perhaps unwise but laws can always be amended . Terrorism is just sensationalism simply because terrorism is not defined in the law but NOTHING stops Ekiti making a terrorism law. All they need to do is amend the law and make it aggravated conspiracy with severe penalties. The other regulations are within the power of government to make. Our constitution is not much different from that of the US and there they have a way of "relocating" without trespass. That is the fundamental issue here; TRESPASS .
Please tell us where you get the claim about "exclusivity" on the offence of terrorism.( no argument just source)
The combined effect of Exclusive Legislative List in the SECOND SCHEDULE (List 1) and Section 251 of the 1999 Constitution of the Federal Republic of Nigeria. (As amended).

The common law doctrine of Covering the field is provided for in Section 4(5) and section 1(3) of the constitution.

The constitution is the fons et origo upon which the validity of other laws are traceable.
(A.G Abia & ors vs A.G Federation).


The Nigerian Terrorism (Prevention) Act, 2011 was enacted by the National Assembly.
Re: Anti-Grazing: Herdsmen’s Lawyer Disagrees With Fayose by aribisala0(m): 12:04pm On Sep 01, 2016
olagamalin:
The combined effect of Exclusive Legislative List in the SECOND SCHEDULE (List 1) and Section 251 of the 1999 Constitution of the Federal Republic of Nigeria. (As amended).

The common law doctrine of Covering the field is provided for in Section 4(5) and section 1(3) of the constitution.

The constitution is the fons et origo upon which the validity of other laws are traceable.
(A.G Abia & ors vs A.G Federation).


The Nigerian Terrorism (Prevention) Act, 2011 was enacted by the National Assembly.
So what you are offering is YOUR OWN opinion. There is nothing anywhere that says there is exclusivity on TERRORISM legislation so please spare us the bluff and bluster and save it for ignorant villagers.

Any of the federating states may make legislation about terrorism. In this case Fayose is wrong because he has not define terrorism in this particular legislation but that can easily be amended
Re: Anti-Grazing: Herdsmen’s Lawyer Disagrees With Fayose by olagamalin(m): 12:14pm On Sep 01, 2016
aribisala0:
So what you are offering is YOUR OWN opinion. There is nothing anywhere that says there is exclusivity on TERRORISM legislation so please spare us the bluff and bluster and save it for ignorant villagers.

Any of the federating states may make legislation about terrorism. In this case Fayose is wrong because he has not define terrorism in this particular legislation but that can easily be amended
My Lord, to think I went to the troubles of responding with statutes, case laws and constitutional provisions.

The Nigerian Terrorism (Prevention) Act, 2011 was enacted by the National Assembly. (Which provides the offence is a federal offence)....and I went further by pointing out "covering the field" doctrine covered in Section 4(5) of the constitution. Conclusively, section 251 of the same constitution vest such offences in the jurisdiction of the Federal High Court.

So what are you saying pls??. Pls I'm done.

Re: Anti-Grazing: Herdsmen’s Lawyer Disagrees With Fayose by aribisala0(m): 12:34pm On Sep 01, 2016
olagamalin:
My Lord, to think I went to the troubles of responding with statutes, case laws and constitutional provisions.

The Nigerian Terrorism (Prevention) Act, 2011 was enacted by the National Assembly. (Which provides the offence is a federal offence)....and I went further by pointing out "covering the field" doctrine covered in Section 4(5) of the constitution. Conclusively, section 251 of the same constitution vest such offences in the jurisdiction of the Federal High Court.

So what are you saying pls??. Pls I'm done.
You made a claim about exclusivity. Everything you have done is to answer a question about Jesus by telling me about Mohammed.

Back to topic : "Exclusivity and Terrorism". Can you back this up ? If not please stop bluffing.


The idea of exclusivity is simple. Both the state and federal legislature can enact laws on the same matter EXCEPT for those items that appear in the Exclusive Legislative List. There are 68 items by the way
http://www.nigeria-law.org/ConstitutionOfTheFederalRepublicOfNigeria.htm#ExclusiveLegislativeList

Terrorism is not on that list.

Indeed the word ; Terrorism does not appear in our constitution.

So do not make a habit of using the wrong evidence for the wrong argument.

Whatever may be the problem with this law the exclusivity argument is TOTALLY IRRELEVANT


There are laws against murder at state and federal level. Some states have made laws against kidnapping as has the FG so what are wwe talking about?
Re: Anti-Grazing: Herdsmen’s Lawyer Disagrees With Fayose by olagamalin(m): 12:46pm On Sep 01, 2016
aribisala0:
You made a claim about exclusivity. Everything you have done is to answer a question about Jesus by telling me about Mohammed.

Back to topic : "Exclusivity and Terrorism". Can you back this up ? If not please stop bluffing.


The idea of exclusivity is simple. Both the state and federal legislature can enact laws on the same matter EXCEPT for those items that appear in the Exclusive Legislative List. There are 68 items by the way
http://www.nigeria-law.org/ConstitutionOfTheFederalRepublicOfNigeria.htm#ExclusiveLegislativeList

Terrorism is not on that list.

Indeed the word ; Terrorism does not appear in our constitution.

So do not make a habit of using the wrong evidence for the wrong argument.

Whatever may be the problem with this law the exclusivity argument is TOTALLY IRRELEVANT


There are laws against murder at state and federal level. Some states have made laws against kidnapping as has the FG so what are wwe talking about?
I will try to make this very simple ....Ekiti house of Assembly cannot legislate on what National Assembly had earlier legislated on . There's really no point going back and forth ....to each his own . Sooner or later, the Ekiti State Govt will arrest erring herdsman.... We will wait for the decision of the court. The Law is the Law...there are no sentiments attached. Till then . Ire ooo
Re: Anti-Grazing: Herdsmen’s Lawyer Disagrees With Fayose by codemaniacs:
k
Re: Anti-Grazing: Herdsmen’s Lawyer Disagrees With Fayose by aribisala0(m): 12:51pm On Sep 01, 2016
olagamalin:
I will try to make this very simple ....Ekiti house of Assembly cannot legislate on what National Assembly had earlier legislated on . There's really no point going back and forth ....to each his own . Sooner or later, the Ekiti State Govt will arrest erring herdsman.... We will wait for the decision of the court. The Law is the Law...there are no sentiments attached. Till then . Ire ooo
That is it you have said what I thought you would say. State Assembly cannot legislate on what National Assembly has legislated on. According to whomhuh You are entitled to say that as an opinion. but it is an opinion. It is NOT written down anywhere
Re: Anti-Grazing: Herdsmen’s Lawyer Disagrees With Fayose by aribisala0(m): 12:55pm On Sep 01, 2016
If an item is NOT on the exclusive list then both state and FG can legislate on it
Re: Anti-Grazing: Herdsmen’s Lawyer Disagrees With Fayose by olagamalin(m): 12:59pm On Sep 01, 2016
aribisala0:
That is it you have said what I thought you would say. State Assembly cannot legislate on what National Assembly has legislated on. According to whomhuh You are entitled to say that as an opinion. but it is an opinion. It is NOT written down anywhere
I'm sorry ...but you are unteachable. I have provided constitutional provisions and I have provided case laws. I even went as far as invoking the doctrine of "Covering the field"...yet you remain adamant. This is not an opinion...it is contained in the grundnorm (the Constitution)...and the Supreme Court have upheld it in myriad of cases. Pls pls and pls...I'm done.
Re: Anti-Grazing: Herdsmen’s Lawyer Disagrees With Fayose by aribisala0(m): 1:03pm On Sep 01, 2016
olagamalin:
I'm sorry ...but you are unteachable. I have provided constitutional provisions and I have provided case laws. I even went as far as invoking the doctrine of "Covering the field"...yet you remain adamant. This is not an opinion...it is contained in the grundnorm (the Constitution)...and the Supreme Court have upheld it in myriad of cases. Pls pls and pls...I'm done.
You are just talking supply a simple quote. and stop bluffing

There is a reason why there is an EXCLUSIVE list. Those items on that list are for only the FG. Other items can be legislated and where there is conflict the FG position prevails.That is not the same as saying "STATE CANNOT LEGISLATE"
They can and they do.
Re: Anti-Grazing: Herdsmen’s Lawyer Disagrees With Fayose by olagamalin(m): 1:07pm On Sep 01, 2016
aribisala0:
You are just talking supply a simple quote. and stop bluffing

There is a reason why there is an EXCLUSIVE list. Those items on that list are for only the FG. Other items can be legislated and where there is conflict the FG position prevails.That is not the same as saying "STATE CANNOT LEGISLATE"
They can and they do.
Check my previous comments ...You will see the section. Go and peruse it. You are costing me billing time. Mind you ....this is the last time I will reply you .(confide in your family lawyer if in further doubt)
Re: Anti-Grazing: Herdsmen’s Lawyer Disagrees With Fayose by aribisala0(m): 1:25pm On Sep 01, 2016
olagamalin:
Check my previous comments ...You will see the section. Go and peruse it. You are costing me billing time. Mind you ....this is the last time I will reply you .(confide in your family lawyer if in further doubt)
Once again Terrorism is not mentioned in the Exclusive list. That means a state can legislate on it.It is not complex at all
Re: Anti-Grazing: Herdsmen’s Lawyer Disagrees With Fayose by somehowpenis(m): 4:35pm On Sep 01, 2016
ezekielhart:
Arab nonsense..
my guy na arrant nonsense oo, no be arab nonsense
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