Stats: 3,189,249 members, 7,936,818 topics. Date: Sunday, 01 September 2024 at 12:50 AM |
Nairaland Forum / Nairaland / General / Politics / The Slow Drift To Unconstitutionality In The New Government (660 Views)
Unconstitutionality : Military Should Not Immunize School Children- HURIWA / The Unconstitutionality Of The Proscription Of IPOB As A Terrorist Organisation / Kogi Election:unconstitutionality Of Fresh Election,substitution Is The Answer! (2) (3) (4)
(1) (Reply)
The Slow Drift To Unconstitutionality In The New Government by rhymz(m): 3:16pm On Jul 04, 2015 |
POLI-THINKING: Nigeria has not less than 50 thousand lawyers and not less than 4 thousand SAN's and none of these could expressly point to serious acts of illegality going on in the present administration. 1. Conflict between the principles of natural justice as provided for under section 36 (specifically subsection 1) and the Third Schedule, Part 1 Constitution of the Federal Republic of Nigeria (1999), as amended,(section 153 subsection 18 and 19) which provides for the establishment and duties of the National Economic Council: (18)The National Economic Council shall comprise the following members - (a) the Vice-President who shall be the Chairman; (b) the Governor of each State of the Federation; and (c) the Governor of the Central Bank of Nigeria established under the Central Bank of Nigeria Decree 1991 or any enactment replacing that Decree. (19)The National Economic Council shall have power to advise the President concerning the economic affairs of the Federation, and in particular on measures necessary for the co-ordination of the economic planning efforts or economic programmes of the various Governments of the Federation. For the very first time since 1999, the question about whether or not the findings and opinions of the NEC will be fair, impartial and in unbiased is raised. Subsection (18): i.The Vice President who is also the Chairman of the Council is from APC. ii. We currently have 22 APC Governors who are members of this council, representing 22 of 36 states in Nigeria.(bearing in mind that PDP also has 13 and APGA 1 all duly represented). Therefore, if they are only to give opinions and recommendations to the Government on certain economic matters, there will be no much fuss about the composition. A further action to probe financial misappropriation and transaction of the past administration will automatically trigger the principles of natural justice, which consists of fairness, impartiality and rules against bias.Hence, it becomes arguable that any finding, recommendation and decision made by this Council in relation to matters of prob/investigation of officials in the past administration may be fiercely criticised on point of law. 2. Conflict between Party Directives and Constitutional Supremacy: The position of the party should not/cannot undermine the imprimatur of the grundnorm(1999 Constitution). The constitution in this regard is clear: section 1(3) states that "If any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other law shall, to the extent of the inconsistency, be void". A duly, legitimately and legally elected Senate President and Speaker of the House of Representatives cannot be challenged only on the basis of the mere fact that party directives were flaunted. 3. Federal Character Vs "Family" Arrangements: The provision of the Nigerian Law on Federal Character is clear! Section 14(3) states that "The composition of the Government of the Federation or any of its agencies and the conduct of its affairs shall be carried out in such a manner as to reflect the federal character of Nigeria and the need to promote national unity, and also to command national loyalty, thereby ensuring that there shall be no predominance of persons from a few State or from a few ethnic or other sectional groups in that Government or in any of its agencies". The current selection/appointment of officials by the present administration so far, does not reflect the constitutional provision of federal character. Conclusively, one may be at to point out the following; a. There are serious pot holes (not loopholes) in our constitution and serious (not haphazard) amendment is needed. b. The present administration needs to STRICTLY adhere to the rule of law and abide by entrenched democratic principles of governance. Not doing these will not only be bad for democracy, but also bad for governance.#TA |
Re: The Slow Drift To Unconstitutionality In The New Government by Nobody: 3:17pm On Jul 04, 2015 |
![]() |
Re: The Slow Drift To Unconstitutionality In The New Government by Nobody: 3:17pm On Jul 04, 2015 |
. |
(1) (Reply)
PHOTO: Woman Fights Neighbour To Death Over Minor Disagreement / Newly Appointed Nsa's Family Member Being Held Captive By Boko Haram / West Africa Civil Rights, Yoruba Groups Condemn TB Joshua Verdict
(Go Up)
Sections: politics (1) business autos (1) jobs (1) career education (1) romance computers phones travel sports fashion health religion celebs tv-movies music-radio literature webmasters programming techmarket Links: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) Nairaland - Copyright © 2005 - 2024 Oluwaseun Osewa. All rights reserved. See How To Advertise. 13 |