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“Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? - Politics (6) - Nairaland

Nairaland Forum / Nairaland / General / Politics / “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? (30387 Views)

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Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by Lunja: 6:52am On Feb 17, 2023
Elections have proved that urchins are NOT capable of making reasonable & sound political decisions.
In 2015 & 2019, you fools voted an illiterate without waec into office.🤮

Today, una dey support one old, incoherent, crooked drug baron for president.🤡 🤮🤮🤮🤡

MUslim MUslim (MUMU) ticket kiii una dia.




Odibembem:


So who has d powers to interprete the law and declare it u constitutional? Same executive? Didn't you do social studies in primary school? That should had informed u correctly. You are misleading people here cos of your political alignment on d issue
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by Ferdinandu(m): 6:53am On Feb 17, 2023
lexy2014:


Which law exempts the supreme court from issuing an order? How does the supreme court interprete the law?
They interpret already made laws, they can issue orders to individuals state government etc but in the case of federal Government they are. just have to interprete whether what they are doing is within their constitutional provisions bearing in mind that they arms of govt on the same level one not above the other. What they are doing is just akin to what Buhari did in looking for loopholes in the constitution to sack the CJN. So I don't really blame them
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by lexy2014: 6:54am On Feb 17, 2023
ejimatic:
. SC has no legal right to interfere in naira design. Howere the order of the SC is sacrosanct till the time of its final ruling on the matter. That is why for now the SC order supercedes that of the PMB .

Point of correction. The supreme court didn't interfere. It was invited to adjudicate on the matter

4 Likes

Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by lexy2014: 6:54am On Feb 17, 2023
Ferdinandu:
They interpret already made laws, they can issue orders to individuals state government etc but in the case of federal Government they are. just have to interprete whether what they are doing is within their constitutional provisions bearing in mind that they arms of govt on the same level one not above the other. What they are doing is just akin to what Buhari did in looking for loopholes in the constitution to sack the CJN. So I don't really blame them

Which law exempts the supreme court from issuing an order?

How does the supreme court interprete the law?
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by lexy2014: 6:55am On Feb 17, 2023
Allisgud:
bro the president appoint the cjn,he can also disappoint him,anybody who can do that is ur oga

Why can't you answer the simple questions? Don't you have access to.the same constitution?

In which of your elementary school were you taught that "the executive arms of government leads other arms of government"? Can you show me where it is stated in the constitution?

Which law in Nigeria states that "The president holds the last order in the country and not the other arms of government"?

Where did you get this from:

"What the executive order does is that, it gives the president in recent times, the ability to churn out Executive Orders in the form of 'laws seeking to regulate the activities of the other arms of government."

Who told you that the president can regulate the other arms of govt? Where is it in the constitution?

You claim that "By appointment the heads of other arms of government, it means the president is paramount to other authorities".

Is that what the constitution says? Which arms of govt does the president appoints heads?

When the chief justice of the federation swears in the president, what does that mean?

How does the president appointing judges into the supreme court automatically mean that the president isn't subject to an order given by the court? Can you show me where it is in the constitution?
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by TalkCity: 6:55am On Feb 17, 2023
I'm just laughing. You don't know what you are saying bro'. Someone here was saying the supreme court can unsit the president anytime it feels like. You need to understand "seperation of power" before saying what you don't know. The supreme court are only there to interpret the law while the legislator are the once making the law and they can also impeach the president. Why do you think the supreme court can put a person on death row(death sentence) and the president can overturn it by granting that person "a persidential pardon". So you think tommorw one or two persons or governors would just sue the FG/CBN again to court asking the court to order CBN to print the exact amount of money they want for their corrupt use bah!
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by lexy2014: 6:56am On Feb 17, 2023
Allisgud:
bro the president appoint the cjn,he can also disappoint him,anybody who can do that is ur oga

How is the president the master of the CJN?

Where is it written in the constitution?

The CJN swears in the president. Does that make him/her the master of the president?
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by chrisdolly(m): 6:58am On Feb 17, 2023
You're grossly wrong, nothing, I repeat, nothing supersede a supreme court order. Once the supreme court made pronunciation, nothing again come close to it unless in a lawless country. Don't mislead the people.

AfricanColumbus:
Nothing supercedes a presidential executive order. It can only be revoked by the president himself if it is deemed to be grossly unconstitutional.

Presidential executive orders are final.


For the number 3 question, the executive and judiciary are equal, but the head of the executive (president) supercedes all in the land.

2 Likes

Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by lexy2014: 6:58am On Feb 17, 2023
TalkCity:
I'm just laughing. You don't know what you are saying bro'. Someone here was saying the supreme court can unsit the president anytime it feels like. You need to understand "seperation of power" before saying what you don't know. The supreme court are only there to interpret the law while the legislator are the once making the law and they can also impeach the president. Why do you think the supreme court can put a person on death row(death sentence) and the president can overturn it by granting that person "a persidential pardon". So you think tommorw one or two persons or governors would just sue the FG/CBN again to court asking the court to order CBN to print the exact amount of money they want for their corrupt use bah!

Can you explain the process which the supreme court takes in interpreting the law?
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by chrisdolly(m): 7:01am On Feb 17, 2023
An executive orders mostly come in place whenever there's constitutional mirage, where the constitutional provision is not in place to guide the country. But when such executive order is in crisis with a particular section of the constitution, it becomes null and void if decided by the supreme court
BluntCrazeMan:




Can a “Presidential Address” be taken as an “Executive Order”??



** (I used to believe that Executive Orders must be “Documented“, and also, they must be “Signed” by the President..)

2 Likes

Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by lexy2014: 7:04am On Feb 17, 2023
MiaBeer:

Stop skipping your medication, loser. You opened the cage for you.

Why can't you answer the simple questions? Don't you have access to.the same constitution?

In which of your elementary school were you taught that "the executive arms of government leads other arms of government"? Can you show me where it is stated in the constitution?

Which law in Nigeria states that "The president holds the last order in the country and not the other arms of government"?

Where did you get this from:

"What the executive order does is that, it gives the president in recent times, the ability to churn out Executive Orders in the form of 'laws seeking to regulate the activities of the other arms of government."

Who told you that the president can regulate the other arms of govt? Where is it in the constitution?

You claim that "By appointment the heads of other arms of government, it means the president is paramount to other authorities".

Is that what the constitution says? Which arms of govt does the president appoints heads?

When the chief justice of the federation swears in the president, what does that mean?

How does the president appointing judges into the supreme court automatically mean that the president isn't subject to an order given by the court? Can you show me where it is in the constitution?
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by Rubbiish(m): 7:05am On Feb 17, 2023
DeLaRue:


If a Landlord serves a quit notice on a father, can the son who lives in the same property insist the notice has nothing to do with him because his name was not mentioned on the notice

A Supreme Court order binds, affects, and must be complied with by all things and persons living, breathing, and existing within the territory of Nigeria. Full stop. No exception.

There is a reason it is called Supreme court
Your analogy is wrong!
CBN is a son of a father living in another property! When u become independent as a son, do u still live in the same house with your parents? CBN is an independent body! Simple thing u people still find it hard to understand
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by General029(m): 7:08am On Feb 17, 2023
Presidential order is more like a by-law
In a democratic government, the president will seek approval of the senate before proceeding with most national matters.

Now the new naira policy, many states have sued the federal government & the apex court gave a ruling, being a national matter the Supreme Court's ruling supersedes the presidential order because it's a matter involving States (a sovereign body) vs the FG. The president must understand that states are not his federal executive council but a sovereign body so a Supreme Court's judgement is the only solution to this.
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by femicyrus(m): 7:09am On Feb 17, 2023
A lot of illiterate on the front page hence no need to proceed to other pages.

1 Like

Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by Creativity22: 7:10am On Feb 17, 2023
AfricanColumbus:



The supreme court should ordinarily not have entertained the case at all. It's now an exercise in futility and a mockery of the judiciary.
Yes. It was debated the other day by dele farotimi

1 Like

Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by chrisdolly(m): 7:10am On Feb 17, 2023
You're so wrong brother. CBN is a unit under the CBN, when suing the FG, you already sued it's agencies. You need to know that the CBN has constitutional authority to change the colour of naira but owing to the president's nod. If the president is against it, it will sure not see the light of the day!!!

BluntCrazeMan:
I understand this line of argument.

CBN is answerable to the FG, but it is not a part of the FG.

Thus, if the Supreme Court gave orders to the CBN with respect to a case that never had them as any of the respondents, then it became a biigg joke.
Thus, if the Supreme Court knew what they were doing, they would have issued orders to the FG to direct the CBN,, rather than issuing direct orders to the CBN that was never a party to the case.

1 Like

Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by otokx(m): 7:11am On Feb 17, 2023
We will know in the end.
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by entrep88: 7:11am On Feb 17, 2023
Digitron:


I am not a lawyer but every senior senior lawyer I have spoken to agreed that the supreme court has no jurisdictions over the matter.

This makes common sense because if we allow courts to have jurisdiction over matters like this, we are end up in anarchy.

Someone can get a court injunction mandating CBN to make the interest rate 10% and other funny injunction.

The country financial system is too critical and it will be suicidal to allow judicial process control monetary policies
Very on point comment, to support, legal tender is determined by the CBN governor who signs it who eventually is appointed by the president. Basic law

1 Like

Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by Buksaylor: 7:12am On Feb 17, 2023
muykem:
Don't mind those illiterates vomiting thrash over there. Court has power to declare president order null and void, especially on the issue constitution has made provisions for.

Bro..this is not a constitutional matter..the supreme Court shouldn't have dabbles into the matter and so there was no need to have have given judgement on the case.And so you think the president with the Attorney General just came out to issue executive orders knowing they are wrong...?
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by udeh3(m): 7:13am On Feb 17, 2023
DeLaRue:


All the powers of the President derive from and are provided for by the constitution.

That means all the actions of the President must comply with the constitution and the laws passed by the National Assembly.

So, the current issue is a constitutional issue, which only the Supreme Court can decide. It has to decide whether the President acted within the powers conferred on him by the constitution and laws.

The reason a country has a supreme court (and indeed other courts) is to ensure that the Executive ie., the President, Governors, Ministers etc do not misuse their powers against us, the people.

There is a reason Mr Buhari cannot issue an Executive Order for you to be arrested. That's because the constitution does not give him the power to misuse his orders like that.

Without courts like the Supreme Court, most Presidents would become dictators.

The people must guard the supreme court's authority jealously and not allow any President destroy it for their own personal interest.


So, in the policy of the CBN, did they breach any of the Constitution in delivering their policies? Does the suit include CBN? Furthermore more, is the matter a constitutional matter?
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by Blazebond(m): 7:13am On Feb 17, 2023
It is stupidity that will make such questions to even come up,the SUPREME COURT is the "Numero uno" in the land,they out rank anybody and any institution in the land,if any matter is brought before them they have the right to hear it and rule on it,this illegality that many ignorant people are supporting is sad,what is even shocking to me is that the two candidates that have been yapping on rule of law (ATIKU and OBI) have been silent since this rascality from buhari and EMEFIELE started,they I believe have kept silent because they feel that this would favour them in next week's elections and that is bad and self-serving and it shows that they might not necessarily be different from buhari and tinubu.
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by EdoBoy90(m): 7:14am On Feb 17, 2023
Oga Mr. President will issue an order and you will be arrested, Heaven will not fall. Supreme Court will not do anything. Mr. President has executive immunity. The Judges at Supreme Court don't have immunity. You want DSS to open their files right? You want Mr. Malami Abubakar to sack them right? You want Mr. President to sack them right?

You just wrote thrash here.


DeLaRue:


All the powers of the President derive from and are provided for by the constitution.

That means all the actions of the President must comply with the constitution and the laws passed by the National Assembly.

So, the current issue is a constitutional issue, which only the Supreme Court can decide. It has to decide whether the President acted within the powers conferred on him by the constitution and laws.

The reason a country has a supreme court (and indeed other courts) is to ensure that the Executive ie., the President, Governors, Ministers etc do not misuse their powers against us, the people.

There is a reason Mr Buhari cannot issue an Executive Order for you to be arrested. That's because the constitution does not give him the power to misuse his orders like that.

Without courts like the Supreme Court, most Presidents would become dictators.

The people must guard the supreme court's authority jealously and not allow any President destroy it for their own personal interest.

Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by Mrmb: 7:15am On Feb 17, 2023
AfricanColumbus:
Nothing supercedes a presidential executive order. It can only be revoked by the president himself if it is deemed to be grossly unconstitutional.

Presidential executive orders are final.


For the number 3 question, the executive and judiciary are equal, but the head of the executive (president) supercedes all in the land.

Before you say all these, you get to know each arm's duties. The judicial arm of government is to interpret and apply the law.... It is very clear here, the executive makes policies and enforces the law. So which one get power pass?

Someone that tells you what the law means and put it in place or person wey go bring an idea and consult with the legislative arm to legalise it. And if you go against it your case would end up with the judicial arm to tell you what the law says and doll out any punishment under it... Definitely the judiciary has the greater powers.
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by Frenchkiss564: 7:16am On Feb 17, 2023
Upworkwriter007:
What's this? Soo if the supreme court orders the president to vacate office, the president can easily issue an executive order? Which clowns are these? Ha! Supreme court can even remove buhari. The fact that buhari is publicly issued a decree automatically makes him guilty of contempt of court. Omo, the kind of things people say on Nairaland shocks me.

It is even the confidence to vomit these ridiculous opinions on a public forum that is more disturbing to me.

Social media has truly given clowns with the same authority to contribute to public discourse as the most learned of men.

Smh
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by ApostlePaul14: 7:16am On Feb 17, 2023
litigator:
The thing is that even the court registries are not obeying the court's directives. I learnt that even the Supreme Court's registry no longer accepts old notes of 500 and 1000.

There lies your answer.

This is common sense na, supreme court is not a bank. Will the court registrar force the bank to accept the old naira note
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by Born2bgreat(m): 7:17am On Feb 17, 2023
AfricanColumbus:
Nothing supercedes a presidential executive order. It can only be revoked by the president himself if it is deemed to be grossly unconstitutional.

Presidential executive orders are final.


For the number 3 question, the executive and judiciary are equal, but the head of the executive (president) supercedes all in the land.
Stop misleading people. Supreme Court can challenge his order as it has constitutional power to declear some President executive orders as unconstitutional. That he might tyrannically disobey the rule of law is different thing.

2 Likes

Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by Nyanabo(m): 7:17am On Feb 17, 2023
1. A president order supercedes a supreme court order.


2. A Supreme Court judgment supercedes an Executive order in totality.


3. The Executive arm an the judicial arm are equal. In developed climes The judiciary checkmates the Executives of its excesses. And it has the final say in all legal processes. Where such final say is found to be wrong, it can be repealed for a more favorable judgment.

But in Nigeria Supreme Court judgment is for sale to the highest bidder.
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by Born2bgreat(m): 7:19am On Feb 17, 2023
BluntCrazeMan:




Can a “Presidential Address” be taken as an “Executive Order”??



** (I used to believe that Executive Orders must be “Documented“, and also, they must be “Signed” by the President..)
don't mind him. He knows nothing
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by Benjamin4388(m): 7:19am On Feb 17, 2023
muykem:
Some of you are just trying to imposed your sentimental views on law. You are raising issue of jurisdiction which will be determined by the same Court during hearing of substantial case. This has nothing to do with obeying interim order.
na to run leave this country..they are things that goes on here in naija that shows most people are not sound intellectually..always allowing bias.emotions.sentiment overide common sense..country where the president doesnt obey the apex court shows no individual in here is safe
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by justmi1: 7:22am On Feb 17, 2023
This is democracy not military regime. That's why we have the judiciary to check the activities of the executive arm in which the president is the Head. The president's order is final, however in a situation where the issue being resolved is a matter of national security, then the supreme Court must be given that honour
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by BluntTheApostle(m): 7:22am On Feb 17, 2023
Buksaylor:


Bro..this is not a constitutional matter..the supreme Court shouldn't have dabbles into the matter and so there was no need to have have given judgement on the case.And so you think the president with the Attorney General just came out to issue executive orders knowing they are wrong...?




The Supreme Court does not dabble into matters.



Rather, matters are brought to the hearing of the Supreme Court.




Some state governments brought a suit against FG.



The Supreme Court has original jurisdiction in matters between the Federation and states.



Buhari should have respected the Supreme Court order to suspend the implementation of the deadline of the old notes swap until further hearing.

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