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Senate Says President Has Not Declared Any State Of Emergency - Politics (4) - Nairaland

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Re: Senate Says President Has Not Declared Any State Of Emergency by KingIOb: 5:31pm On May 17, 2013
Eko Ile:


1. The constitution empowers the president to issue the declaration by way official gazette, but he did so without it. Strike number 1.

2. The constitution also stipulated that the NAS must ratify the proclamation within 2 days when in session and they are in session.

Have they recieved the official gazette? No

Have they ratified the proclamation? No

The NAS can not until the president issues the official gazette..

So what part of the constitution do they not understand?


This is what the senate is sayng and you need to stop listening to the president's yes men...
“For now, no provision of the constitution has been breached and there is no constitutional crisis.”
Re: Senate Says President Has Not Declared Any State Of Emergency by EkoIle1: 5:32pm On May 17, 2013
^^^^^^^^ That quote was uttered by ignorant people for ignorant people with no knowledge of the Nigerian constitution so stop quoting it unless maybe you are ignorant and a slow...
Re: Senate Says President Has Not Declared Any State Of Emergency by malege77: 5:34pm On May 17, 2013
dc555: The President is the Chief Security Officer of the Nation and has the Executive power to make Emergency decisions. So if Cameroun invades Nigeria, the President should consult the National Assembly before taking any decision?

The answer to your question is YES..The president has to approach the National Assembly to ask for the power to declare war on the aggressors..The National Assembly is the body that has the power to declare war in a constitutional democracy like Nigeria..
Re: Senate Says President Has Not Declared Any State Of Emergency by EkoIle1: 5:42pm On May 17, 2013
^^^^^^ Still having to expalin this basic understanding of government and democracy to supposedly literate people in 2013 means we have a long way to go..


And they wonder why their country is messed up, they wonder why they have bad leaders, they wonder why their leaders are corrupt, they wonder why their leaders break laws, they wonder why everything in their country is done upside down.


smh....
Re: Senate Says President Has Not Declared Any State Of Emergency by cashful(m): 5:48pm On May 17, 2013
Eko Ile:


1. The constitution empowers the president to issue the declaration by way official gazette, but he did so without it. Strike number 1.

2. The constitution also stipulated that the NAS must ratify the proclamation within 2 days when in session and they are in session.

Have they recieved the official gazette? No

Have they ratified the proclamation? No

The NAS can not until the president issues the official gazette..

So what part of the constitution do they not understand?


This is what the senate is sayng and you need to stop listening to the president's yes men...

I think Mike Ozekome's last statement treats the issue of if the president has acted against the constitution

“Therefore, Section 305 of the 1999 Constitution was not obeyed before the proclamation of the state of emergency by President Goodluck Jonathan,” Mr. Ozekhome said.

“I would therefore say that since he did not follow due procedure, it is not a declaration of state of emergency, but an adoption of stiffer measures for the protection of lives and property in those states.’’

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Re: Senate Says President Has Not Declared Any State Of Emergency by cashful(m): 5:52pm On May 17, 2013
The key issue is that Mr. President has done what he deems necessary to curb the menace of Boko Haram.

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Re: Senate Says President Has Not Declared Any State Of Emergency by Fidelcruiz(m): 5:56pm On May 17, 2013
Eko Ile: Confusion As Nigerian Senate Says President Has Not Declared Any State Of Emerge


[img]http://osunnews.files./2012/05/0dr-goodluck-jonathan-osunnews.jpg[/img]



http://premiumtimesng.com/news/national/134643-confusion-as-nigerian-senate-says-president-has-not-declared-any-state-of-emergency.html
Vampires, what is their problem?
Why are they raising eyebrows?
Is it till they kill all our security personels that action will be taken?

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Re: Senate Says President Has Not Declared Any State Of Emergency by EkoIle1: 6:01pm On May 17, 2013
cashful: The key issue is that Mr. President has done what he deems necessary to curb the menace of Boko Haram.



We want our leaders to do everything in their power to do whatever to protect us, but we don't don't have to undermine our democracy, our laws, our constitution and legislative institutions for any reason under the sun.


Already as it is right now, the presidency don't care about the constitution, the lawmakers are not only corrupt, but they also don't respect or abide by our laws, the judiciary is not only corrupt, they also don't respect and apply the laws of the land.


All the arms of government are just worthless, corrupt and lawless...
Re: Senate Says President Has Not Declared Any State Of Emergency by dbride: 6:02pm On May 17, 2013
Eko Ile:


Please keep quiet and go away..

Again, I repeat, you so lack magnanimity. You are the kind of leader that surrounds himself with sycophants. You think opposition means condemn and criticize anything and everything proffered by a perceived enemy. You are on a suicide train, get off in good time. I oppose but not stupidly and wise enough to commend my enemy's good gestures. Keep opposition clean; you are simply playing dirty, attracting only flies to yourself. Emi o dake, mi o de lo, kilo fe se fun mi? Omo'dun melo nie? On wu iwa bi omode.

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Re: Senate Says President Has Not Declared Any State Of Emergency by ekoileee: 6:08pm On May 17, 2013
^^^^^^^^^^ You obviously can not articulate anything intelligent relating to the topic so why should I take you seriously?

I really was serious when I said keep quiet and go away so please keep quiet and go away...
Re: Senate Says President Has Not Declared Any State Of Emergency by cashful(m): 6:22pm On May 17, 2013
Eko Ile:


We want our leaders to do everything in their power to do whatever to protect us, but we don't don't have to undermine our democracy, our laws, our constitution and legislative institutions for any reason under the sun.


Already as it is right now, the presidency don't care about the constitution, the lawmakers are not only corrupt, but they also don't respect or abide by our laws, the judiciary is not only corrupt, they also don't respect and apply the laws of the land.


All the arms of government are just worthless, corrupt and lawless...

You are right in your assertions, if we are to look at it from that angle, Nigerian politicians don't respect the constitution as they tend to choose or apply the sections that favor them.
Re: Senate Says President Has Not Declared Any State Of Emergency by OuchDaddy(m): 6:30pm On May 17, 2013
payless:


Glad you confessed Jonathan is a corrupt man. How did you know my internet service is free? I hate to break it to you that there is no part of me that is corrupt. I go to work and get paid. I have small import and export thing I do which I am gladly satisfied with. I am not corrupt, bro.
i tried...


Biliv me, i did tried....


To.....


Stop u.......


From.......


Displaying.......





Your




foolishness!!!!
Now d whole world knws ur secret!!!!....Poor & S.tupid 1diOt..!

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Re: Senate Says President Has Not Declared Any State Of Emergency by Nobody: 6:56pm On May 17, 2013
I think central to this debate the NASS must consider how best to act in situations like this while not falling the risk of tipping of terrorists to prepare for military deployment or tipping the terrorists off to go underground.

The Nigerian NASS and our constitution must be seen as working to provide advantage to the Military in times like this.

If Jonathan sought to tamper with the democratically elected structure of Government in the states then thats a different debate but with the way Jonathan has gone about this business of SOE the NASS should just rubber stamp the move.

we are talking about the lives of Nigerian Soldiers being possibly endangered if lets say the President needed to notify Senate 1 week ahead of time and a public and National debate commencing before even moving troops into these areas.

That would have been a very silly tactical move!

In case it has not dawned of some people, " OUR NATION IS AT WAR AGAINST A FOREIGN TERROR SEEKING AN ALTERNATIVE STATE!!!!!!!!!!!!!"

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Re: Senate Says President Has Not Declared Any State Of Emergency by mbhs139(m): 6:59pm On May 17, 2013
Dospix: I personally do not have any problem with you, but i am greatly disappointed by your method of criticism...Insulting Gej wouldn't solve the problem at all, rather constructively criticizing his government makes us true democrat. I am not happy with the president, but insulting him wouldn't change things. Let us try to act like intellectuals which we are. truly, your comment sounded really childish(sorry if i sound insulting).

I honestly do not see anything wrong in the guy's first statement in the first place and there was no where he mentioned that GEJ was corrupt; you were the one that invented that.

You actually derailed this thread. Someone simply and rightly berated the Justice Minister for not appropriately advising his boss and you take that for an insult.

By the way, it is most appalling to see you peeps on each other's kneck rather than contributing positively. Take or leave it my friend, you did not do well.

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Re: Senate Says President Has Not Declared Any State Of Emergency by neutralist: 7:08pm On May 17, 2013
In this area and the position you have taken you had failed woefully. The word" subject to the provisions of this constitution", it implies that, that section should be read in conjunction with other provisions of the grundnom and not to be read in isolation.

Section 305 (1) states; subject to the provision of this constitution, the president may by...... This implies that it is one of the limb through which he can proclaim SOE. However, under subsection (3) of same section, especially paragraph a; b; c. He can proclaim SOE without adhering to the provision of subsection (1). This implies that by the provision of subsection (1) he needs not do it via official gazette, for instance if Nigeria is at war.
KingIOb:

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Re: Senate Says President Has Not Declared Any State Of Emergency by Nobody: 7:13pm On May 17, 2013
Just for the records

305. (1) Subject to the provisions of this Constitution, the President may by instrument published in the Official -Gazette} of the Government of the Federation issue a Proclamation of a state of emergency in the Federation or any part thereof.

(2) The President shall immediately after the publication, transmit copies of the Official -Gazette of the Government of the Federation containing the proclamation including the details of the emergency to the President of the Senate and the Speaker of the House of Representatives, each of whom shall forthwith convene or arrange for a meeting of the House of which he is President or Speaker, as the case may be, to consider the situation and decide whether or not to pass a resolution approving the Proclamation.

(3) The President shall have power to issue a Proclamation of a state of emergency only when -

(a) the Federation is at war;

(b) the Federation is in imminent danger of invasion or involvement in a state of war;

(c) there is actual breakdown of public order and public safety in the Federation or any part thereof to such extent as to require extraordinary measures to restore peace and security;

(d) there is a clear and present danger of an actual breakdown of public order and public safety in the Federation or any part thereof requiring extraordinary measures to avert such danger;

(e) there is an occurrence or imminent danger, or the occurrence of any disaster or natural calamity, affecting the community or a section of the community in the Federation;

(f) there is any other public danger which clearly constitutes a threat to the existence of the Federation; or

(g) the President receives a request to do so in accordance with the provisions of subsection (4) of this section.

(4) The Governor of a State may, with the sanction of a resolution supported by two-thirds majority of the House of Assembly, request the President to issue a Proclamation of a state of emergency in the State when there is in existence within the State any of the situations specified in subsection (3) (c), (d) and (e) of this section and such situation does not extend beyond the boundaries of the State.

(5) The President shall not issue a Proclamation of a state of emergency in any case to which the provisions of subsection (4) of this section apply unless the Governor of the State fails within a reasonable time to make a request to the President to issue such Proclamation.

(6) A Proclamation issued by the President under this section shall cease to have effect -

(a) if it is revoked by the President by instrument published in the Official Gazette of the Government of the Federation;

(b) if it affects the Federation or any part thereof and within two days when the National Assembly is in session, or within ten days when the National Assembly is not in session, after its publication, there is no resolution supported by two-thirds majority of all the members of each House of the National Assembly approving the Proclamation;

(c) after a period of six months has elapsed since it has been in force:

Provided that the National Assembly may, before the expiration of the period of six months aforesaid, extend the period for the Proclamation of the state of emergency to remain in force from time to time for a further period of six months by resolution passed in like manner; or

(d) at any time after the approval referred to in paragraph (b) or the extension referred to in paragraph (c) of this subsection, when each House of the National Assembly revokes the Proclamation by a simple majority of all the members of each House


http://www.nigeria-law.org/ConstitutionOfTheFederalRepublicOfNigeria.htm#Miscellaneous_Provisions

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Re: Senate Says President Has Not Declared Any State Of Emergency by anonimi: 7:19pm On May 17, 2013
Eko Ile:

The judiciary is not constitutionally sanctioned to make or change laws, that's the responsibility of the legislature, the judiciary only interpret laws laws passed and amended by the legislatures aka lawmakers..

Read up on the 3 arms of government. The executive, the legislative and the judiciary for relevant understanding before your next post..

How many laws have been made in the past 14 years by AD/AC/ACN, ANPP, APGA, CPC etc "progressive opposition" lawmakers apart from Dabiris FOI Act



Again, do they still teach social studies and civic education in our schools?


"In ou schools" indeed.
Tell us now abi you nor be Fashola and ACN eSpokesman again

1 Like

Re: Senate Says President Has Not Declared Any State Of Emergency by anonimi: 7:29pm On May 17, 2013
Eko Ile:

Already as it is right now, the presidency don't care about the constitution, the lawmakers are not only corrupt, but they also don't respect or abide by our laws, the judiciary is not only corrupt, they also don't respect and apply the laws of the land.

All the arms of government are just worthless, corrupt and lawless...

I guess it is CONFESSION time.

* With over 30% of the NASS being from the "progressive opposition" we have taken note of their involvement in the corruption going on.
** With the reversed election results and favourable judgements to ACN and othe opposition parties, we can understand from you that they were obtained through corruption.
*** No wonder Justice Salami was on the phone with your party men and subsequently sacked.


Thank you for the CONFIRMATION.

1 Like

Re: Senate Says President Has Not Declared Any State Of Emergency by Bolan123: 7:37pm On May 17, 2013
Eko Ile:






The fact that you don't like what I posted doesn't mean it wasn't constructive.

I'm a Nigerian and I'll voice my views and opinion the way I want, not according to you or to make you feel good.


It is also not my job to offer constructive advise or any advise to your president, the president hired a lot of advisers and ministers to do that and you are paying them to do that job, not me. Unfortunately, they are all clueless and incompetent just like your president...
You are always here talking as if u have something upstairs. We know for sure that you are lie mohammed. Don't hide behind eko ile and make noise. We know u very well.

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Re: Senate Says President Has Not Declared Any State Of Emergency by Bolan123: 7:48pm On May 17, 2013
Eko Ile:






The fact that you don't like what I posted doesn't mean it wasn't constructive.

I'm a Nigerian and I'll voice my views and opinion the way I want, not according to you or to make you feel good.


It is also not my job to offer constructive advise or any advise to your president, the president hired a lot of advisers and ministers to do that and you are paying them to do that job, not me. Unfortunately, they are all clueless and incompetent just like your president...
As if you have ever made any useful statement before. You can hide behind hate and say anything but the fact remains that GEJ will remain your President and commander-in-Chief till 2019. Have you ever made any sensible statement on this platform? You are always filled with hate towards Igbos and lately Niger Delta people. Anything concerning ACN and your Yoruba people is right. Your beclouded mind concerning how you and your people can do it better has never convinced anybody.

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Re: Senate Says President Has Not Declared Any State Of Emergency by ekoileee: 8:16pm On May 17, 2013
^^^^^^^ Sorry, no time for ignorant village illiterates....
Re: Senate Says President Has Not Declared Any State Of Emergency by DAMIGHT(m): 8:32pm On May 17, 2013
dc555: The President is the Chief Security Officer of the Nation and has the Executive power to make Emergency decisions. So if Cameroun invades Nigeria, the President should consult the National Assembly before taking any decision?
U have said it All...some people talk and sopot what dey see at 1st comment
.Regardless dia own sense

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Re: Senate Says President Has Not Declared Any State Of Emergency by Beync(f): 8:46pm On May 17, 2013
some people has been accusing him of being slowing in taking decision and backing it with action, saying he doesn't possess the will power, lacks liver etc. same hypocrites are now accusing him of not following due process when boko haram are busy hitting people, police, barracks, etc. some people just need to shut up!

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Re: Senate Says President Has Not Declared Any State Of Emergency by softy(m): 9:08pm On May 17, 2013
dc555: The President is the Chief Security Officer of the Nation and has the Executive power to make Emergency decisions. So if Cameroun invades Nigeria, the President should consult the National Assembly before taking any decision?

I totally agree with u, man!

we as a people, when Jonathan was pleading with these boko guys,condemmed him as slow,retard and inactive person;
Now he acted wisely to stop the menace, some misguided leaders are crying foul!

When people were being slaughtered or bombed beyond recognition, what did the senate do more than TALKING- condemning the act?

It is a pity that NIGERIA is run by leaders that talks with two sides of their mouth at the same time. They believe in holding water in their mouth,if they really want to quench burning fire.


Is it in our constitution that Nigerians should be killed anyhow? What kind of bad riddance to classy rubbish the acts of our leaders.
or is it in the constitution that senate and house of representatives should holding nigerian to ransom by onlyTALKING and LOOTING They love quoting constitution which has no effect on them, in turn, they have turn our rights as constitution to CONSTIPATION for the rest of Nigerians minus them and the family: they will pay someday.


I want you to recall that last year when boko guys were on 'what -seems -not- ending' rampage of serial bombings, all these leaders were hiding, even packing all their family members out of the 'Hot Zone' because they have the means?.....BUT an ordinary citizen that pays his or her tax and obey all rules and regulations should die for fun?

Concerning the matter at hand, President Goodluck Ebele Jonathan, the Grand Commander of the Federal Republic of Nigeria, Chief Commander and Automatic Head of state,Commander in Chief and Topmost Field Marshal of Army Forces of Nigeria, who has vecto power and from whom Almighty God will ask from on how he ruled this nation in his lifetime, irrespective of leader style and constitution, IS completely RIGHT to defend the right of his nation's citizens in various forms that deem fit!

Who knows if Jonathan is even acting on INTELLIGENCY to prevent further ''bigger and dreadful'' plans of these boko guys

As for some school of thought that think that Jonathan has done bad thing concerning 'declaring state of emergency'... What do y'all think he should have done

As for our senate leaders making mountain out of nothing, TIME will TELL!

Thanks.

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Re: Senate Says President Has Not Declared Any State Of Emergency by Nobody: 9:15pm On May 17, 2013
Politics. Play it only when you understand it. Boko Haram doesn't follow due process, the era of due process has passed even though i believe that the senate and reps were notified but the choose to deny. Shey na dem huz and senate we know them na

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Re: Senate Says President Has Not Declared Any State Of Emergency by badesco(m): 9:21pm On May 17, 2013
Senate house of confusion.

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Re: Senate Says President Has Not Declared Any State Of Emergency by teoo: 9:56pm On May 17, 2013
dc555: The President is the Chief Security Officer of the Nation and has the Executive power to make Emergency decisions. So if Cameroun invades Nigeria, the President should consult the National Assembly before taking any decision?
abi ooo. Thank u

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Re: Senate Says President Has Not Declared Any State Of Emergency by loswhite(m): 10:39pm On May 17, 2013
Eko Ile: Talk about clueless and incompetent president, incompetent and unqualified advisers with lame duck and worthless assembly and senate.


Who is even qualified enough to interpret the Nigerian constitution, uphold and defend the same constitution? Not the Nigerian presidency, not the Nigerian justice minister or presidential adviser, not the Nigerian congress, not the toothless Nigerian Bar Association and definitely not the Nigerian military. The Nigerian military is out there conducting a lawless and unconstitutional military operation while the clueless and unpatriotic politicians fiddles around aimlessly.



What a damn shame...



hw r they performing lawless and unconstitutional military operation? U should be the one ashamed for typing rubbish

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Re: Senate Says President Has Not Declared Any State Of Emergency by loswhite(m): 10:41pm On May 17, 2013
payless:


Why are you throwing tantrums tonight? Is it because Jonathan you love so much is being disected on the internet for his failures? Have you forgotten there is freedom of expression in Nigeria? By the way, what is your opinion of Jonathan and his corrupt PDP cohorts?
this is not abt Jonathan,it is abt constructive criticism .

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Re: Senate Says President Has Not Declared Any State Of Emergency by loswhite(m): 10:47pm On May 17, 2013
Eko Ile:


And you wonder why Nigerian is messed up, this is the kind of thinking we need to do away with. The fear of the highlighted shouldn't be any reason to be unpatriotic and not uphold your laws and defend your constitution. The president, his ministers and the entire congress swore to uphold and defend our laws and constitution and that comes before anything or scenario..




pls read b4 displaying ur dumbness. @ the end it was clearly stated that there has been no breach in the constitution

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Re: Senate Says President Has Not Declared Any State Of Emergency by ekoilee: 11:04pm On May 17, 2013
loswhite: pls read b4 displaying ur dumbness. @ the end it was clearly stated that there has been no breach in the constitution


The fact that you not only don't know anything about the constitution, but you also bought some ignorant interpretation of the constitution means you are not only dumb and gullible, you are a lazy dullard with cheap thinking and lack of intellectual curiosity.


Unfortunately for humanity, there's too many of you ignorant losers in Nigeria.
Re: Senate Says President Has Not Declared Any State Of Emergency by loswhite(m): 11:06pm On May 17, 2013
malege77:

The answer to your question is YES..The president has to approach the National Assembly to ask for the power to declare war on the aggressors..The National Assembly is the body that has the power to declare war in a constitutional democracy like Nigeria..
lol..... Wait, you r joking, right?

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