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Controversy Lingers As Appeal Court Overrules Malami On Electoral Act - Politics (3) - Nairaland

Nairaland Forum / Nairaland / General / Politics / Controversy Lingers As Appeal Court Overrules Malami On Electoral Act (24412 Views)

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Re: Controversy Lingers As Appeal Court Overrules Malami On Electoral Act by vicdom(m): 4:48pm On Apr 25, 2022
fergie001:

The rulings said: A political appointee is a Public Servant not employed in the Service of the Federation or State.

However, I think the NA should have stated the Offices involved like: Ministers, Commissioners, et al. Why I said so is this:
Is the HoS a political appointee or a Civil Servant?
Is the Accountant-General of the Federation a political appointee or a Civil Servant?

https://constitution.lawnigeria.com/2018/03/27/schedule-five-1999-constitution-of-nigeria/
Re: Controversy Lingers As Appeal Court Overrules Malami On Electoral Act by vicdom(m): 4:50pm On Apr 25, 2022
fergie001:
Is a Political Appointee a Public Officer?

A Previous Court Ruling says YES.

If you go to schedule 5 of our constitution, public officers are listed there, Ministers and commissioners made the list.
https://constitution.lawnigeria.com/2018/03/27/schedule-five-1999-constitution-of-nigeria/
Re: Controversy Lingers As Appeal Court Overrules Malami On Electoral Act by vicdom(m): 4:51pm On Apr 25, 2022
garfield1:



No,various rulings have stated that a political appointee isnt a public officer
Oga, ministers are mentioned as public officers in schedule 5 of our constitution. Follow this link below and get educated.
https://constitution.lawnigeria.com/2018/03/27/schedule-five-1999-constitution-of-nigeria/
Re: Controversy Lingers As Appeal Court Overrules Malami On Electoral Act by garfield1: 5:31pm On Apr 25, 2022
vicdom:

Oga, ministers are mentioned as public officers in schedule 5 of our constitution. Follow this link below and get educated.
https://constitution.lawnigeria.com/2018/03/27/schedule-five-1999-constitution-of-nigeria/

Section 318 has defined those that are public officers and a section of a constitution is superior to a schedule.therefore,I rule you out of order
Re: Controversy Lingers As Appeal Court Overrules Malami On Electoral Act by shanaka4u(m): 5:37pm On Apr 25, 2022
litigator:


I am certain about that and it will be 1-1

But then it won’t end there. Will it?

And the court will deliver judgment within how many days?

Then Supreme Court?

The dust won’t settle before 31st.

Do you think it will?
After the court of appeal judgment Which will be delivered before primary election, the status quo will be maintained and besides among the ground of appeal raised by the national assembly is that of the non joinder of neccessary parties i.e the NASS And clerk amongst others. This alone has the effect of nullifying the judgment of the FHC but more importantly no political party would want to take the risk of fielding a govt appointee as candidate when he has refused to resign.
Re: Controversy Lingers As Appeal Court Overrules Malami On Electoral Act by fergie001: 6:35pm On Apr 25, 2022
garfield1:
Based on the appeal court ruling in oni vs fayemi and the definition of public service in the constitution, section 84 12 should stand
Don't worry, they'll resign.
Re: Controversy Lingers As Appeal Court Overrules Malami On Electoral Act by fergie001: 6:42pm On Apr 25, 2022
vicdom:

If you go to schedule 5 of our constitution, public officers are listed there, Ministers and commissioners made the list.
https://constitution.lawnigeria.com/2018/03/27/schedule-five-1999-constitution-of-nigeria/
There are so many cases that have elaborated on this.

Ministers and Commissioners are Public Servants but are not employed in the Public Service. The mode of appointment or employment as the case may be creates the difference. Political Office holders are not employed because they have no pre-determined years of service but at the mercy of their appointer.

My worry is wrt Offices like the HoS, Accountant-General of the Federation etc who are appointees of the President yet are subject to Civil Service Rules. There seems to be some confusion there though.
Re: Controversy Lingers As Appeal Court Overrules Malami On Electoral Act by Tareq1105: 6:58pm On Apr 25, 2022
Nigerialabalaba:
Too much sense don kee d political career of Malami.

From Solicitor General appointment wey dem comot for hin hand and now to dis court order on electoral act, Malami just dey lose.


Dat Jankara judgment should be investigated by NJC.

All dos ministers wey be politicial minions wey dey buy APC presidential form beta go resign. Shiorr.

They have up to Friday to do that.
Re: Controversy Lingers As Appeal Court Overrules Malami On Electoral Act by drmuchin: 8:26pm On Apr 25, 2022
CONFUSED APC GOVT
1 STEP FORWARD 5 STEPS BACKWARD
Re: Controversy Lingers As Appeal Court Overrules Malami On Electoral Act by adekolaelect(m): 8:54pm On Apr 25, 2022
Why do executive members dey fear like this running up and down. They should all resign and test their popularities in Nigeria politic . Legislators need to be appreciated for cutting the executives to size. No more getting power through back door .
Re: Controversy Lingers As Appeal Court Overrules Malami On Electoral Act by Yankee101: 9:53pm On Apr 25, 2022
Make them do resign

Supreme Court hates his guts. Dem dey wait for am

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