Neye412:


I’m sure you stated all these out of sheer ignorance or possibly selfishness. Let me refer you to the basics. Go pick up any secondary school government textbook and read carefully the content of the topic “separation of powers”. It is crystal clear that the Judiciary when making “Judicial Reviews” can declare any law made by the legislative arm or policy made by the executive that contravenes the constitution itself which is the “grundnorm” as “ultra-vires, null and void with no effect or whatsoever “. Please seek knowledge on issues before you delve into them next time. Some of us are students of history, politics and law.

It beats my imagination how you don't we're talking about Nigeria here and not USA or western countries.

The above you just wrote won't work in Nigeria. As in it is practically impossible. A country where rule of Law isn't obeyed? Nah, not happening.

However that guy answered based on his experienced in Nigeria. Everyone, including you Yourself knows the above you just wrote can't happen in Nigeria. Please let's be guided and be realistic next time.

lexy2014:


How does the supreme court not have jurisdiction over monetary policies?

Does exempt it from adjudicating on a case relating to monetary policies?

Are there any matters that the supreme court can't adjudicate on?

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

StrongAlphMale:


Your father would be in a better position to argue with you on this son. I'm done with you. This is my last response to you

Why is it your last response? Why are running away with your tail in between your legs? Are the questions I asked you way beyond your thinking capacity? If you don't know something, why not humble yourself and admit it? There's no shame in it

Presidential address supercedes supreme court order

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

Offpoint. Can you kindly answer the following questions?

How does the supreme court not have jurisdiction over monetary policies?

Does it exempt the supreme court from adjudicating on a case relating to monetary policies?

Are there any matters that the supreme court can't adjudicate on?

BluntCrazeMan:
Not Even A Supreme-Court Judgement??


Ok.
Noted

The president appoints the judges at the supreme court....


The president has the final order of executive order.... Every authorities bows to the executive order...

chiefolododo:
Presidential address supercedes supreme court order

Can you explain how that is possible?

Yes,but the reason why people give everything to the president is because is the GCFR that we make court order to be implemented.

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.

JASONjnr:


The president appoints the judges at the supreme court....


The president has the final order of executive order.... Every authorities bows to the executive order...

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?

Which every authority is subject to "executive order"?

It's obvious Nigerian's don't take their education serious.

Reason why a lot of people don't know their left from their right in this God forsaken country....

Nothing challenges a supreme court ruling in a democratic settings.

olarent:
Yes,but the reason why people give everything to the president is because is the GCFR that we make court order to be implemented.

The way some of you display ignorance with so much confidence is amazing.

Can you pls show me where GCFR is in the constitution?

Which people gave everything to the president and what is the everything that they gave to the president?

BluntCrazeMan:
Not Even A Supreme-Court Judgement??


Ok.
Noted

Exparte Order is not judgment.

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.

But executive orders can be challenged in court.

Keegan:


That's Nigerians for you. Everybody is an expert in things they have little or no knowledge about. Unfortunately, they don't like to learn and heed to correction.

It's terrible. That's why the govt can do anything and get away with it because those that claim they went to school are ignorant and aren't willing to learn

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..)

There is no executive order pronouncement, a broadcast is not same as as an executive order, both can be issued during a broadcast, but what Mr. President did yesterday was a broadcast.

Even executive orders can be challenged in court.

AfricanColumbus:



Nothing supercedes a presidential executive order. It can only be revoked if deemed grossly unconstitutional.

You failed to tell us who can deem it grossly unconstitutional and who can also revoke it.

You are aloting too much powers to the president.

lexy2014:


Can you explain how that is possible?

presidential address is not different from the veto power of the president.The president has the exclusive power to give an order if he sees it appropriate over a particular matter in as much as it does not go against the existing constitution, but such order cannot become the law of the land .

Why is there so much confusion on this thread?

Are there no lawyers on Nairaland who can quote the law on this matter?

Or is our law that subjective?

BluntCrazeMan:
There is something here.


We all know that the CBN is answerable to the FG, but it is independent of the FG.

In the suit filed against the FG by those states, they didn't include the CBN as part of the defendants.

Thus, they have absolutely nothing to do with that particular suit in question.. Even though they were part of the main reasons the suit existed in the first place.

So, you're saying that the Supreme-Court is very right is issuing orders to them??



Something like,, Mr.-A took Mr.-B to court (say, a high-court) for an issue that concerned them both..
But somehow, the court needed Mr.-C (who never knew anything about the court-case) to stay indoors for one-week, regardless of his personal engagements.

If the Court gives such orders to Mr.-C, while the suit between Mr.-A and Mr.-B continued, is the court doing the right thing?
Should Mr.-C refute such orders (by maybe, trying to appeal in a higher court)??

This is an academic exercise. President is the head of ministries, agencies etc

Your last statement is one of the curses of democracy..... Every democratic law is subjective and open to different perspectives.


This is why we have the legal institutions to argue things out.

Blessed4sure:
Why is there so much confusion on this thread?

Are there no lawyers on Nairaland who can quote the law on this matter?

Or is our law that subjective?

StrongAlphMale:


The guy below you have given you the perfect answer.

The supreme court shouldn't have taken up the case, their efforts is now exercise in vain. In the executive list, monetary policy is there and this means the president's speech and order supercedes the supreme court by far

Hhahhahhhaaa..

Exclusive List...!!

Ok naa.
Thus, anything that is on the exclusive is the sole prerogative of the Presidency,, and no Judiciary or Legislature should tamper with it in any way??

chiefolododo:
presidential address is not different from the veto power of the president.The president has the exclusive power to give an order if he sees it appropriate over a particular matter in as much as it does not go against the existing constitution, but such order cannot become the law of the land .

Which veto power does the president have and how is it related to presidential address?

How does everything you said now automatically mean that a presidential address supercedes a court order?

If you say that an order given by the president isn't law, how then does it supercede a court order?

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.

Are u guys really serious or what? Do u know the meaning of Supremacy of the Judiciary? The Executive executes the laws but the judiciary interpretes the law. How can an executive order exceed a court ruling? The US courts has quashed many of Trump's executive orders. So in the case of the VAT case involving Rivers state and FG, Buhari can issue an executive order to end d matter? Then why sue the FG in d first place? Oga, the Supreme court order or judgement is supreme or why is it called Supreme? In the next election, when your candidate lose due to what u think is rigging and he goes to court up to supreme court, the president will issue an executive order that he did not win the election and d case will close abi? Some people and their tot process eh, u didn't do social studies or civics in school?

lexy2014:


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?

Which every authority is subject to "executive order"?

Executive orders have the full force of law, based on the authority derived from statute or the Constitution itself.

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.

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

The president holds the last order in the country and not the other arms of government.


Even in your elementary schools, you were thought that the executive arms of government leads other arms of government.

Blessed4sure:
Why is there so much confusion on this thread?

Are there no lawyers on Nairaland who can quote the law on this matter?

Or is our law that subjective?

YES BRO..
IT ACTUALLY IS..

AfricanColumbus:



Nothing supercedes a presidential executive order. It can only be revoked if deemed grossly unconstitutional.

Keep vomiting from the nose.

lexy2014:


Which veto power does the president have and how is it related to presidential address?

How does everything you said now automatically mean that a presidential address supercedes a court order?

If you say that an order given by the president isn't law, how then does it supercede a court order?

a presidential order is not law itself because another president can emerge and overturn the order without consulting either the judiciary or the legislature, but in cases where there is dispute between the legislature and the executive, the judiciary can come in and give their opinion , in such a situation, the opinion of the arm supported by the judiciary stands

JASONjnr:


Executive orders have the full force of law, based on the authority derived from statute or the Constitution itself.

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.

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

The president holds the last order in the country and not the other arms of government.


Even in your elementary schools, you were thought that the executive arms of government leads other arms of government.

How come the same court rescinded Buhari executive order declaring financial autonomy for the Local Government Administration? You guys just come online and write nonsense about a subject you don't understsnd.

AfricanColumbus:



Nothing supercedes a presidential executive order. It can only be revoked if deemed grossly unconstitutional.

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

press9jatv:
In the first place the Supreme Court of justice shouldn’t have entertain the Elrufai and the clueless loser aggrieved Governor’s suits. APC and Tinubu will be heavily shamed and disgrace in the upcoming presidential poll. February 25th presidential poll is here. Tinubu ti lule piiii piiii. Presidential order supersede joor. APC has been destroyed and it will continue to be destroyed in this nation. You suffered Nigerians for complete 8 years and you are still talking here. You this clueless APC Governor’s that’s not with Buhari on the cbn policies will be highly dealt with. The clueless Elrufai too on which he’s their ring leader in this clueless rants will be the scapegoat of this upcoming election. You think Nigerians are joking niiii. Elrufai will be dealt with for not obeying Buhari order. All your wailing will never hold any water. Tinubu and you guys ti lule piii piii

Continue crying olule crew

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.

When there is a post like this that you know nothing about, instead of saying nonsense with confidence allow well grounded people to answer the questions.

Everything you said shows you are either a kid that knows nothing about how things work or you are plain ignorant.

Even though the Supreme Court has messed up its reputation by allowing itself to be used by actors, The Supreme Court remains the highest authority when it comes to the laws of the land or the constitution. And they have the power to compel or even reverse the actions of the president if it goes against the constitution.


The Supreme Court even with these powers depend on the executive to enforce it's pronouncement, so it needs to guard carefully against scenarios like this where it can usher anarchy on itself. They have been seen to be appendages of politicians with rulings on APC candidates etc. These does not bade well to them but it doesn't in anywhere diminish their powers.

Abemy:


There is no executive order pronouncement, a broadcast is not same as as an executive order, both can be issued during a broadcast, but what Mr. President did yesterday was a broadcast.

Even executive orders can be challenged in court.

Thanks for this input.