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“Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? - Politics (5) - Nairaland

Nairaland Forum / Nairaland / General / Politics / “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? (30390 Views)

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Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by unitysheart(m): 6:27am On Feb 17, 2023
Odibembem:


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?

Don't mind all the ignoramus writing rubbish up and down.

1 Like 1 Share

Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by Ferdinandu(m): 6:27am On Feb 17, 2023
This issue is in the purview of the Executive. The work of the supreme Court in this case would have to be to determine whose job it is to provide the currency in circulation. They just have to say it is the work of the federal government or that of the state or even both, that and their work finishes not issuing orders. If what the President is doing is unconstitutional the Legislature work comes in they have to give the President Notice of impeachment following the whole constitutional guidelines. The supreme Court is trying to usurp the powers of the executive indirectly by using unnecessary court order. But Buhari woke up one day and with impunity sack the CJN so it is the seed he sow that is germinating and spreading
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by Chetas81(m): 6:28am On Feb 17, 2023
This happen inside the SHITHOLE
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by Blessed4sure: 6:28am On Feb 17, 2023
Thank you Sir/Ma,

Maybe I'm just impatient with all these cos I have a background in the sciences.

😃😃

I mean, I expected that some facts, like these (the powers of the tiers of government) should so clear and indisputable.

Calibrator:
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.
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by Abiliboi: 6:28am On Feb 17, 2023
President na your mate?
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by Blessed4sure: 6:29am On Feb 17, 2023
Wow. Thank you.

I didn't expect it will be to this extent

BluntCrazeMan:


YES BRO..
IT ACTUALLY IS..
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by lexy2014: 6:31am On Feb 17, 2023
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.

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?

1 Like

Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by lexy2014: 6:33am On Feb 17, 2023
chiefolododo:
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

Offpoint. Kindly answer my questions one after the other

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

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

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

1 Like

Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by Allisgud: 6:33am On Feb 17, 2023
Who draft the orders at the supreme court the cjn who appoint the cjn? The president,if the cjn wants to outshine his master he will be sacked
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by BluntCrazeMan: 6:35am On Feb 17, 2023
Blessed4sure:

Wow. Thank you.

I didn't expect it will be to this extent

That is what we call “LOOPHOLES” in the ordinary layman's language..
And the Politicians are taking advantage of these loopholes to cause more confusion.
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by JASONjnr(m): 6:36am On Feb 17, 2023
lexy2014:


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?

You have the constitution to study and stop asking me where the executive orders are in the constitution...


Also, the president is elected by the people, the chief justice only swears in the president as his mandate....


Swearing in the president doesn't confer any authority on the governing body of the court ...
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by Ferdinandu(m): 6:36am On Feb 17, 2023
Odibembem:


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?
You are totally wrong. In the case of Governance, the work of the courts even the supreme Court is to interpret the law not issuing order. The supreme in it's name does not in any way mean that it supercedes the Executive. The supreme in it's name have to do with the courts. It means whatever ruling or what ever case it has entered no other court has mouth there again. It is not about superseding everything in the country. The Trump Executive orders the supreme Court quashed must be the one they determined it is unconstitutional. In this scenario the Supreme Court work is just to determine whose job is it to determine the currency in use and there their work stops. They are trying to usurp the executive powers by using court order to wield executive powers. Just know this have to do with the powers of each arm of government

2 Likes

Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by Dtruthspeaker: 6:37am On Feb 17, 2023
BluntCrazeMan:
**(NOTE: A “SUPREME-COURT-ORDER” IS TOTALLY DIFFERENT FROM “SUPREME-COURT-JUDGEMENT”, EITHER IN SUBSTANCE OR IN AUTHORITY..)


So, let us go straight to the series of Questions...

1. Between a “Supreme-Court Order” and a “Presidential Address”, which one supersedes the other??


2. Between a “Supreme-Court Judgement” and an “Executive Order” by the President, which one supersedes the other??

3. Between the powers and authorities of the Judicial Arm of Government, and those of the Executive Arm of Government, which one supersedes the other??



I'm here to learn more about the interpretation of the constitution with regards to the powers that be.

An Order of a Court and a Judgement is the same! An Order is a Judgement.

Here you see what I have always said here which is legal is not Law.

https://www.nairaland.com/7004609/re-lawyers-not-deceit-there

Thus, this is rubbish which legal creates because in legal man is the law so the problem is which man, is it the president or judge or governor or General this ?
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by lexy2014: 6:37am On Feb 17, 2023
Ferdinandu:
This issue is in the purview of the Executive. The work of the supreme Court in this case would have to be to determine whose job it is to provide the currency in circulation. They just have to say it is the work of the federal government or that of the state or even both, that and their work finishes not issuing orders. If what the President is doing is unconstitutional the Legislature work comes in they have to give the President Notice of impeachment following the whole constitutional guidelines. The supreme Court is trying to usurp the powers of the executive indirectly by using unnecessary court order. But Buhari woke up one day and with impunity sack the CJN so it is the seed he sow that is germinating and spreading

How do you know that "The work of the supreme Court in this case would have to be to determine whose job it is to provide the currency in circulation"?

Is that what the case is about?

What is wrong if the supreme court issued orders? Is there any law that says that it can't?

1 Like

Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by lexy2014: 6:39am On Feb 17, 2023
Ferdinandu:
You are totally wrong. In the case of Governance, the work of the courts even the supreme Court is to interpret the law not issuing order. The supreme in it's name does not in any way mean that it supercedes the Executive. The supreme in it's name have to do with the courts. It means whatever ruling or what ever case it has entered no other court has mouth there again. It is not about superseding everything in the country.

Which law exempts the supreme court from issuing an order? How does the supreme court interprete the law?

1 Like

Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by Lunja: 6:40am On Feb 17, 2023
Urchins go cry taya 😭

You fools were warned, but una no gree listen.

Voting buhari in 2015 & 2019 showed how useless BATstards are.

You people are now reaping what you all sowed.


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 JASONjnr(m): 6:40am On Feb 17, 2023
unitysheart:


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.


The president can enforce his executive order and can also retract from it.


The executive order to give the local government administration a financial autonomy was carefully looked into and was retracted.

If it was to hold, the governors wouldn't stop it. It wasn't the court who made Buhari to retract from it.

And you that understand what you wrote, but you don't have any sense of the laws governing you, what does that make you?
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by lexy2014: 6:42am On Feb 17, 2023
JASONjnr:


You have the constitution to study and stop asking me where the executive orders are in the constitution...


Also, the president is elected by the people, the chief justice only swears in the president as his mandate....


Swearing in the president doesn't confer any authority on the governing body of the court ...

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 lexy2014: 6:43am On Feb 17, 2023
JASONjnr:



The president can enforce his executive order and can also retract from it.


The executive order to give the local government administration a financial autonomy was carefully looked into and was retracted.

If it was to hold, the governors wouldn't stop it. It wasn't the court who made Buhari to retract from it.

And you that understand what you wrote, but you don't have any sense of the laws governing you, what does that make you?

But since you have sense of the laws governing Nigeria, that's why am asking you these:

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 sonofElElyon: 6:43am 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.

You are ignorant.
The supreme court is constitutionally empowered to determine what is legal and illegal. It determines disputes including between state and federal governments. Even the federal high court can issue an order and will be binding on federal government until vacated on appeal.
Supreme Court is the highest court.. the constitution is the supreme law from which even the president derives his powers. Any order by the supreme court is binding on the federal government.. be it interim interlocutory or substantive... that is what is known as the rule of law which is an essential feature of any democracy

3 Likes

Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by Dtruthspeaker: 6:43am On Feb 17, 2023
Ferdinandu:
You are totally wrong. In the case of Governance, the work of the courts even the supreme Court is to interpret the law not issuing order. The supreme in it's name does not in any way mean that it supercedes the Executive. The supreme in it's name have to do with the courts. It means whatever ruling or what ever case it has entered no other court has mouth there again. It is not about superseding everything in the country.

A Court judgement supercedes all but legal is not law and since man is the god of this legal therefore, whoever is the man, will decide which shall prevail.

https://www.nairaland.com/7004609/re-lawyers-not-deceit-there
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by lexy2014: 6:46am On Feb 17, 2023
Allisgud:
Who draft the orders at the supreme court the cjn who appoint the cjn? The president,if the cjn wants to outshine his master he will be sacked

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 Blessed4sure: 6:48am On Feb 17, 2023
It is well.

Thank you.

Nigeria's democracy obviously has a long way to go, then.

BluntCrazeMan:
That is what we call “LOOPHOLES” in the ordinary layman's language..
And the Politicians are taking advantage of these loopholes to cause more confusion.
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by MiaBeer(m): 6:48am On Feb 17, 2023
lexy2014:


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?
Continue to ask useless questions. That’s why they’re unanswered. Don’t go and look for something to do with your already battered life
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by DeWorlex45(m): 6:49am 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.

Here is d most sensible comment so far

2 Likes

Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by ogorwyne(f): 6:49am 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.
This is wrong. The president is subject to the law of the land. No one is above it. The constitution supercedes all in the land, which the judiciary interpretes.
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by lexy2014: 6:50am On Feb 17, 2023
MiaBeer:

Continue to ask useless questions. That’s why they’re unanswered. Don’t go and look for something to do with your already battered life

Getting emotional won't answer the questions.

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?

2 Likes

Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by galantjoe(m): 6:50am On Feb 17, 2023
In line with democratic principles, three arms of government check and balance each other powers and authority to avoid one of them acquiring absolute powers.

Supreme court is a party that settles a dispute between State and federal govt. According to sec 232 of 1999 constitution of federal republic of nigeria as amended. Already some state govts have relied upon this section and sued FG over poor implementation of naira redesign policy.

Presidential address on same matter knowing fully well that the matter is still in court can be seen as contempt of court. But that is not what we re talking.

To answer your questions, yes supreme court verdict can override presidential order or address. My reasons is where supreme court verdict can override or give interpretation of provisions of the constitution for example Peter Obi case asking court to interpret the tenure of a State Governor

What the supreme court will do is to interpret the CBN act and 1999 constitution regarding to issuance of currency to determine whether the CBN or president follow the implementation in line with the laws.

5 Likes

Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by Allisgud: 6:50am On Feb 17, 2023
lexy2014:


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?
bro the president appoint the cjn,he can also disappoint him,anybody who can do that is ur oga
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by MiaBeer(m): 6:52am On Feb 17, 2023
lexy2014:


Getting emotional won't answer the questions.

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?
Stop skipping your medication, loser. who opened the cage for you?
Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by ejimatic: 6:52am On Feb 17, 2023
BluntCrazeMan:
**(NOTE: A “SUPREME-COURT-ORDER” IS TOTALLY DIFFERENT FROM “SUPREME-COURT-JUDGEMENT”, EITHER IN SUBSTANCE OR IN AUTHORITY..)


So, let us go straight to the series of Questions...

1. Between a “Supreme-Court Order” and a “Presidential Address”, which one supersedes the other??


2. Between a “Supreme-Court Judgement” and an “Executive Order” by the President, which one supersedes the other??

3. Between the powers and authorities of the Judicial Arm of Government, and those of the Executive Arm of Government, which one supersedes the other??



I'm here to learn more about the interpretation of the constitution with regards to the powers that be.
. 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 .

1 Like

Re: “Supreme Court Order” Versus “Presidential Address”: Which One Supersedes? by lexy2014: 6:52am On Feb 17, 2023
DeWorlex45:

Here is d most sensible comment so far

Many don't see it as a sensible comment. They think the presidents decision is in order because it affects politicians they don't like. They don't understand that it is the constitution that is being attacked by buhari

3 Likes

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