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Nairaland Forum / Nairaland / General / Politics / Re: Atiku Abubakar Not Qualified For Presidency. Nigerian Constitution Speaks... (2982 Views)
Tinubu’s Spokesperson, Ajuri Ngelale, Not Qualified For PR Job — NIPR / Applicant Convicted Of Drug, Fraud Not Qualified For Student Loan — Tinubu’s Aid / Why Is Alhaji Atiku Abubakar NOT Challenging The Election Results? (2) (3) (4)
Re: Re: Atiku Abubakar Not Qualified For Presidency. Nigerian Constitution Speaks... by buhariguy(m): 10:17am On Apr 13, 2019 |
TonyeBarcanista:jade was part of northern Cameroon, the underlying issue in this case is the problem of our constitution, the constitution said by birth but not by plebiscite. 4 Likes 1 Share |
Re: Re: Atiku Abubakar Not Qualified For Presidency. Nigerian Constitution Speaks... by buhariguy(m): 10:28am On Apr 13, 2019 |
Hofbrauhaus:thief atiku stolen mandate is with Paul biya |
Re: Re: Atiku Abubakar Not Qualified For Presidency. Nigerian Constitution Speaks... by enemybulldozer(m): 10:46am On Apr 13, 2019 |
MetaPhysical:But you are discussing a Sudanese on this thread. |
Re: Re: Atiku Abubakar Not Qualified For Presidency. Nigerian Constitution Speaks... by buhariguy(m): 10:50am On Apr 13, 2019 |
MetaPhysical:no wonder thief atiku is a resemblance of mboma |
Re: Re: Atiku Abubakar Not Qualified For Presidency. Nigerian Constitution Speaks... by MetaPhysical: 10:55am On Apr 13, 2019 |
buhariguy: I even put it there that to qualify Atiku will require modification of the Law and include people from plebiscite areas. Theophilus Danjuma may be in similar situation. Babagana Kingibe definitely is. People like Murtala Nyako. Its a lot of people that it touches but their children will not be affected. It is good to know the Law exists and court's ruling should be obtained on the issue itself. It can help INEC to quickly arrive at a decision on election challenge and also to save Atiku from wasting our time again in 2023. 3 Likes 1 Share |
Re: Re: Atiku Abubakar Not Qualified For Presidency. Nigerian Constitution Speaks... by MetaPhysical: 10:58am On Apr 13, 2019 |
enemybulldozer: A Sudanese that keeps his other room business discreet and private is far more valuable than a Biafran that behaves without restraint and good judgement. Kanu is a risk. |
Re: Re: Atiku Abubakar Not Qualified For Presidency. Nigerian Constitution Speaks... by Emycord: 11:25am On Apr 13, 2019 |
MetaPhysical:but it appears his line of arguement is. and broadcast is what your useless government is now using to defend its fraudulent elections |
Re: Re: Atiku Abubakar Not Qualified For Presidency. Nigerian Constitution Speaks... by MetaPhysical: 11:34am On Apr 13, 2019 |
Emycord: That question of citizenship has always been around. It was brought up in time Sabo Bakin Zuwo. It was addressed to Babagan Kingibe when he ran for office. Kanu and his tribesmen are just catching up to what rest of Nigeria knew decades ago. |
Re: Re: Atiku Abubakar Not Qualified For Presidency. Nigerian Constitution Speaks... by Emycord: 12:03pm On Apr 13, 2019 |
MetaPhysical:the fools you mentioned where and when did they run for any office? or are you a fool too? |
Re: Re: Atiku Abubakar Not Qualified For Presidency. Nigerian Constitution Speaks... by NICENEDU29: 2:04pm On Apr 13, 2019 |
sapele914:My friend you are talking nonsense and it appears you do not know the meaning of Nigerian Citizenship by birth. You don't read the law in isolation. Go and read section 25 (1) (c) of the same Constitution you are quoting and you agree with me that you are wrong in you own understand. |
Re: Re: Atiku Abubakar Not Qualified For Presidency. Nigerian Constitution Speaks... by AskProf: 2:33pm On Apr 13, 2019 |
MetaPhysical: It's teachers like you that has made students shy away from Government & Political Science as courses of study in higher institutions. |
Re: Re: Atiku Abubakar Not Qualified For Presidency. Nigerian Constitution Speaks... by MetaPhysical: 2:41pm On Apr 13, 2019 |
AskProf: Prof, please clarify. |
Re: Re: Atiku Abubakar Not Qualified For Presidency. Nigerian Constitution Speaks... by MetaPhysical: 12:14am On Apr 14, 2019 |
To throw more light and give better clarity to those still arguing ... First issue is who can be President of Nigeria. The Constitution answers this below.
So in above context we understand that a candidate for President of Nigeria must first be a citizen by birth, no other category of citizenship is recognized. Below we are told the different categories of citizenship and what each type is. Nigerian nationality law is the law of Nigeria which concerns citizenship and other categories of Nigerian nationality. CITIZENSHIP: Citizenship is based upon the Constitution of the Federal Republic of Nigeria, dated 1989. (UKC-Commonwealth Nation) Those born before or on the date of independence, October 1, 1960, whose parents or grandparents were born in Nigeria and who were legally residing in Nigeria at the time, are considered citizens of Nigeria. BY BIRTH: Birth within the territory of Nigeria does not automatically confer citizenship. BY DESCENT: Child, at least one of whose parents is a citizen of Nigeria, regardless of the child's country of birth. REGISTRATION: The following persons are eligible to become citizens through registration: A foreign woman who marries a citizen of Nigeria. Person who is of adult age (17), born outside Nigeria, any of whose grandparents is or was a citizen of Nigeria. A foreign child adopted by Nigerian parents. BY NATURALIZATION: Nigerian citizenship may be acquired upon fulfillment of the following conditions: Person is of full age (17), has resided in Nigeria for at least 15 years, is of good character, plans to remain in Nigeria, is familiar with Nigerian language and customs, has a viable means of support, and has renounced previous citizenship. I hope this clarifies it for everyone. Any question from Atikulators? |
Re: Re: Atiku Abubakar Not Qualified For Presidency. Nigerian Constitution Speaks... by Emedu(m): 2:44am On Apr 14, 2019 |
Sentiment apart! By Constitution Atiku is not a Nigerian by birth. But I think it is high time all these abnormalities are corrected or amended. APC shouldn't have brought this for national unity sake. My opinion o before you quote me |
Re: Re: Atiku Abubakar Not Qualified For Presidency. Nigerian Constitution Speaks... by MetaPhysical: 3:40am On Apr 14, 2019 |
I agree with you partly. You are aware Atiku said when elected he would privatize NNPC and also that he would benefit his friends through the privatization exercise, but Im not sure you are aware he also said he would pardon those charged with looting federal treasury. Atiku should be viewed as enemy of the state. He is yet to do these things but we know things he did in past that cannibalized economy and which if probed would no doubt get him convicted and imprisoned. Right now there are too many things for Buhari to do so Atiku does not need to be a subject on his agenda....however, there are technical grounds on which to permanently stop him from trying out his desperation to rule. He is not coming to rule, he is coming to steal. The issue of birth clearly disqualifies him based on his official family records regarding background. The constitution must prevail. 1 Like 1 Share |
Re: Re: Atiku Abubakar Not Qualified For Presidency. Nigerian Constitution Speaks... by MetaPhysical: 3:47am On Apr 14, 2019 |
If the Constitution would be amended it should be done in 2023. The subject can be included as a constitutional amendment proposal on the ballot duribg general elections of 2023. If passed the 9th Assembly can draft it effective date forward. |
Re: Re: Atiku Abubakar Not Qualified For Presidency. Nigerian Constitution Speaks... by oyatz(m): 5:55am On Apr 14, 2019 |
Noooo, Atiku is a cross bred Fulani. Father= Fulani whose father migrated from Wurno, present day Sokoto State. Mother= Local Jada tribe MetaPhysical: |
Re: Re: Atiku Abubakar Not Qualified For Presidency. Nigerian Constitution Speaks... by oyatz(m): 6:05am On Apr 14, 2019 |
How old are you? How dare you called Sabo Barkin Zuwo and Babagana Kingibe who have achieved far more than anyone in your lineage fools? The fact that you don't know they ran for (and occupied important offices) speaks volume about you. Emycord: |
Re: Re: Atiku Abubakar Not Qualified For Presidency. Nigerian Constitution Speaks... by DemolaUnbias(m): 6:44am On Apr 14, 2019 |
Atiku as a Nigerian based on "Plebiscite" So what to discuss now is whether he has constitutional right to contest or not. Why We haven't hear from Uche secondus, Saraki, Kola Ologbondiyan, Fayose, Buba Galadima and others. |
Re: Re: Atiku Abubakar Not Qualified For Presidency. Nigerian Constitution Speaks... by Emycord: 9:23am On Apr 14, 2019 |
oyatz:mad man abiola is the one who ran for office as presidential candidate not that fool from borno. and at no time did his origin come under question. as for the other guy , did you not note that its a question that i asked ? i said tell us when in history did they run as presidential candidates and pls show us proof that thier origin was questioned. and yes they are fools. is it not a fool that tried to take over government when yar adua was sick? |
Re: Re: Atiku Abubakar Not Qualified For Presidency. Nigerian Constitution Speaks... by Emycord: 9:40am On Apr 14, 2019 |
buhariguy:are you now saying that kanu was right? |
Re: Re: Atiku Abubakar Not Qualified For Presidency. Nigerian Constitution Speaks... by NICENEDU29: 10:33am On Apr 14, 2019 |
ATIKU'S PETITION: APC's OBJECTION TO AKITU'S QUALIFICATION TO CONTEST BASED ON QUESTION OF HIS NIGERIAN CITIZENSHIP. What are the chances of APC succeeding in its objections based on the ground of Atiku's Nigerian Citizenship? Before we delve into answering this critical question, let us consider the relevant section of the Constitution of Nigeria that has to do with the Court that has the jurisdiction to determine the question of a person's citizenship in Nigeria. This is so because it is trite law that jurisdiction is the life wire to any proceedings in any court or tribunal. Any proceedings or judgment, no matter how good or how well conducted by any court or tribunal without jurisdiction is a nullity, as one cannot build something on nothing and expect it to stand. Having said that, the question now is: Which court has the exclusive jurisdiction or power to determine the question of citizenship of any person in Nigeria? In response to this question, let us consider the provision of section 251 (1) (i) of the the Constitution of Nigeria, 1999 as amended. Section 251 (1) (i) of the Constitution provides and I quote: 251 (1): Notwithstanding anything to the contrary contained in this Constitution and in addition to such other jurisdiction as may be conferred upon it by an Act of the National Assembly, THE FEDERAL HIGH COURT (F.H.C) shall have and exercise jurisdiction to the exclusion of any other court in civil causes and matters relating to: (i) Citizenship, naturalisation and aliens, deportation of persons who are not citizens of Nigeria, extradition, immigration into and emigration from Nigeria, passports and visas. Now in view of the above provision of the Constitution, the questions that beg for answers are: (1) Which court has the exclusive jurisdiction to determine or decide a person's citizenship in Nigeria? ANS: The Federal High Court (F.H.C). (2) Has the F.H.C ever been called upon by APC or anybody at all to decide or determine any question bothering on or relating to Atiku's citizenship in Nigeria? ANS: No. (3) Going by the provision of the above section of the Constitution, does the APC, the Election Petition Tribunal or any other person or institution has the power to declare or pronounce Atiku or any other person a non-citizen of Nigeria? ANS: No, because doing so will amount to usurpation of the power or jurisdiction of the F.H.C. (4) Can the Election Petition Tribunal now exercise the power to declare or pronounce Atiku a non-citizen of Nigeria? ANS: No, it cannot. In view of the above questions and answers, it is my humble submission that it is very wrong for APC to, at this stage, declare that Atiku is not a citizen of Nigeria, especially in the absence of any F.H.C judgment to that effect, and then uses it as a ground to question or challenge his qualification to contest the Presidential election. It is also very wrong for APC or any person at all to bring up the issue of Atiku's citizenship for the first time at the Election Petition Tribunal. This is because doing so is akin to asking the Election Petition Tribunal to determine or decide on Atiku's citizenship in Nigeria based on the evidence before the Tribunal. But unfortunately, the Election Petition Tribunal has no jurisdiction or power to determine that question in view of section 251 (1) (i) of the Constitution. Based on the above, I further submit that APC or any other interested person should have, first of all, proceeded to the F.H.C to challenge Atiku's qualification to contest the Presidential election based on the question of his citizenship in Nigeria. They should have even done that before the election took place, because an issue of that nature is a pre-election matter which the Election Petition Tribunal has no jurisdiction to determine. But this they failed to do. Therefore, APC's objections to Atiku's qualification on question of his citizenship is most likely going to fail, reason being that: (1) They lack the power to declare Atiku a non-citizen of Nigeria without a supporting F.H.C judgment to that effect. (2) The Election Petition Tribunal lacks the jurisdictional competence to decide or determine the question of Atiku's citizenship in Nigeria. It is only the F.H.C that has the exclusive jurisdiction to do so going by the provision of section 251 (1) (i) of the Constitution of Nigeria. |
Re: Re: Atiku Abubakar Not Qualified For Presidency. Nigerian Constitution Speaks... by MetaPhysical: 3:46pm On Apr 14, 2019 |
oyatz: Atiku has a different account of his background. This is why Obasanjo said his background is shady. |
Re: Re: Atiku Abubakar Not Qualified For Presidency. Nigerian Constitution Speaks... by MetaPhysical: 3:56pm On Apr 14, 2019 |
DemolaUnbias: Uche is the only person still attached to him. Kola still speak for him once in a while. Saraki Fayose Galadima They have all moved on. Atiku has record entries in his civil service records that are the official account of his birth and his parental descent. For his instance his records say he is Fulani, and even though people know he is not, his claim is never contested publicly by officials. He himself cannot now come out and give an account different from official records, he will stand in perjury. So he must maintain consistency. It happens that records on his ancestry places him proudly as a scion of Adamawa Fulanis of Jada in Ganye. That geographical placement and family descent disqualifies him "Constitutionally" from becoming President of Nigeria. |
Re: Re: Atiku Abubakar Not Qualified For Presidency. Nigerian Constitution Speaks... by MetaPhysical: 5:05pm On Apr 14, 2019 |
NICENEDU29: There are two 1999 Constitutions, the original and the AMENDED. You have taken reference from the Amended version. This Constituion contains three Amendments, and is why it is called Amended. Federal High Court will have exclusive jurisdiction in citizenship rights arising out of civil matter. The question of citizenship is not the issue here. APC agrees Atiku is a Citizen of Nigeria. No question about his citizenship. Assuming the merit of his citizenship will be questioned, 2nd Amendment disagrees with you. The question of Atiku's merit to stand for Presidential election is strictly confined to ELECTORAL QUALIFICATION and as such the power of jurisdiction to test specifics of electability belonged to INEC but if the validity of a Candidate's qualification is questioned then it will be addressed as part of electoral process by Election Tribunal. The tribunal will weigh the merit and pass judgement. Appeal of that judgement will got to Appeal Court and further appeal from there will end in Supreme Court. (3) Going by the provision of the above section of the Constitution, does the APC, the Election Petition Tribunal or any other person or institution has the power to declare or pronounce Atiku or any other person a non-citizen of Nigeria? Modify this error. Questions arising from civil inquiry on qualification of citizenship will be ddressed by Federal High Court. Questions arising from political inquiry into qualification to hold elective offices, whether on citizenship or academic or age, is given to Election Petition Tribunal to review. (4) Can the Election Petition Tribunal now exercise the power to declare or pronounce Atiku a non-citizen of Nigeria? This is true. Even the Federal High Court cannot. The highest court in the land, the Supreme Court cannot even pronounce Atiku a non-citizen. No court can. His citizenship is not in question. He is a Nigerian! [s]In view of the above questions and answers, it is my humble submission that it is very wrong for APC to, at this stage, declare that Atiku is not a citizen of Nigeria, especially in the absence of any F.H.C judgment to that effect, and then uses it as a ground to question or challenge his qualification to contest the Presidential election. It is also very wrong for APC or any person at all to bring up the issue of Atiku's citizenship for the first time at the Election Petition Tribunal. This is because doing so is akin to asking the Election Petition Tribunal to determine or decide on Atiku's citizenship in Nigeria based on the evidence before the Tribunal. But unfortunately, the Election Petition Tribunal has no jurisdiction or power to determine that question in view of section 251 (1) (i) of the Constitution. Irrelevant. |
Re: Re: Atiku Abubakar Not Qualified For Presidency. Nigerian Constitution Speaks... by oyatz(m): 7:50pm On Apr 14, 2019 |
I can see the deficiency in your upbringing with the way you can call someone who never abuse you madman and freely call people who have achieved more than anyone in your family fools. Emycord: |
Re: Re: Atiku Abubakar Not Qualified For Presidency. Nigerian Constitution Speaks... by Afamed: 7:56pm On Apr 14, 2019 |
TonyeBarcanista:Keep quiet, take your dictionary and get to know the difference between birth and plebiscite. Atiku is an appendage. 1 Like |
Re: Re: Atiku Abubakar Not Qualified For Presidency. Nigerian Constitution Speaks... by Emycord: 8:05pm On Apr 14, 2019 |
oyatz:i thought only you know history you have not answered my questions. all you guys know is to distort history and truth |
Re: Re: Atiku Abubakar Not Qualified For Presidency. Nigerian Constitution Speaks... by oyatz(m): 8:39pm On Apr 14, 2019 |
Normally, I don't like communicating with people that insult others (it's a sign of immaturity). 1) Mallam Sabo Barkin Zuwo was a 2nd Republic Senator who despite of his limited Western Education, defeated Former Governor Abubakar Rimi in 1983 Gubernatorial election in Kano State. In the heat of the electioneering campaign, many people questioned his indigeneship (not citizenship)of Kano because his parents were Nupes from Niger State and only came to live in Kano. He was neither Hausa nor Fulani. In Kano, you can become a Governor even if you are a non-indigenes in as much as you are a Muslim and born and bred in Kano. Ex Gov Barkin Zuwo was from Niger State and Ex-Gov,Mallamm Shekarau is from Borno State. 2) Amb Babagana Kingibe, pioneer chairman of SDP, Frontline Presidential Candidate and later the running mate of SDP in 1993, Former Minister and Former SGF. His Citizenship was never questioned but I think the first person that mentioned him on this thread meant to refer to Alh Abdulraman Shugaba Durman, a charismatic 2nd Republic politician( the majority leader of the then Borno State House of Assembly and a leading light in the GNPP) and a harsh critic of the then ruling NPN. On January 20,1980 Shugaba was arrested and deported to a village in Chad on the order of Alh Bello Maitama (the then Minister of Internal Affairs) simply because his father was a Chadian. This drew public outcry and several legal fireworks were ignited up to the Supreme Court on the appropriateness of this deportation Emycord: |
Re: Re: Atiku Abubakar Not Qualified For Presidency. Nigerian Constitution Speaks... by Nnabugwu8590: 10:20pm On Apr 14, 2019 |
Please, can anyone constitutionally answer the following questions: Is Nigeria a federal republic? When did Nigeria gain her independence? When did Nigeria become a federal republic? What is the definition of tiers of government in Nigeria and how many tiers of government do we have in Nigeria? Why is that the 774 local government areas in Nigeria are not autonomous? Is there any difference between an independent nation and a federal republic nation? From the followings: "1999 constitution of Nigeria" and "1999 constitution of federal republic of Nigeria" which of them is correct and why? Thanks as I await for your answers? |
Re: Re: Atiku Abubakar Not Qualified For Presidency. Nigerian Constitution Speaks... by MetaPhysical: 1:31am On Apr 15, 2019 |
oyatz: Thank you bro. I caused the confusion with name mixup. Durman is who i meant, not Kingibe. |
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