AfricanColumbus:



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

Which school did u even attend sef? Pls u need 2 go back but this time u need 2 start frm d kindergarten for proper assimilation!

Baddosqqi:


Very unintelligent answer... Is it Tinubu family members that were killed in Edo yesterday? Did Tinubu put fire in the banks in Delta state? Koboko resets the brain. Your head ought to be flogged in the centre for you to be able to think straight.

it’s a sponsored protest by Tinubu ally, Oshimole and his thugs.

AfricanColumbus:




If he gives directives during the address, all directives therein are executive orders, carried out with immediate effect.

Not correct sir.
Executive Orders are clearly documented and publicly signed off as Exec Orders.

Nyanabo:
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 Where such final say is found to be wrong, it can be repealed for a more favorable judgment.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.

that your last statement encourages backwardness...when we dey analyse things objectivly..it should be how it meant to be globally but bcuz its nigerians..then jaga jaga is allowed

Now I know many Nigerians are fools and unintelligent. If executive orders supersede SC orders, why has all the past presidents not issuing orders against the state governors that have been sacked? This indomie generation is a disgrace really

BluntCrazeMan:
This topic here below, which was on the front-page yesterday, was actually the reason I created this thread here...
Because it got me somehow confused.
(ADEGBORUWA: BUHARI’S BROADCAST CONTEMPT OF COURT)

Part of the thread read:
“Under section 235 of the 1999 Constitution, the Supreme Court is the final authority in legal pronouncements in Nigeria.

“Under section 287(1) of the Constitution, the President is statutorily obliged to obey, enforce and give effect to the decision of the Supreme Court.

“Section 287(1) of the 1999 Constitution:

“(1) The decisions of the Supreme court shall be enforced in any part of the Federation by all authorities and persons, and by courts with subordinate jurisdiction to that of the supreme Court.”

Do you notice that since after you made the above point Africancolumbus have not said anything?

[quote au,thor=muykem post=120973683] 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. [/quote],must u insult, can't u give ur opinion without name calling,i am actually enjoying the topics before ur rude interruption,u are the illiterate here

bekpo:


Which school did u even attend sef? Pls u need 2 go back but this time u need 2 start frm d kindergarten for proper assimilation!

Oga sir..the fact is that 90 percent of nigerians are clueless to many things just breaks one down..b4 we can have a lasting change over here...educating the masses in critical thinking and be objective in their reasoning and other facets is most important..

BluntCrazeMan:




I AM NOT REFERRING TO ANY CASE OR ANY KNOWN SITUATION IN PARTICULAR HERE..




I am just trying to know --- on a very normal ground where every other circumstances are in perfect order --- which one is supposed to supersede the other..??

The Presidents address can be taken also as the executive order which supersedes all know law of the land.

BRIMBRAM:


Do you notice that since after you made the above point Africancolumbus have not said anything?

Yeaaa...
Let me safely assume that he had not come back to the thread again since after that.

BluntCrazeMan:
But that's not what this particular case was all about naaaa...

This case has no similarity with the instance you gave up there

Depending on the prism you are viewing it from.

Both are monetary policies and there is a reason the CBN is given so much autonomy to operate without hindrance.

See, Buhari is not mad and he and his advisors must have had their reasons for backing this move.

Forget about the link with election, it is beyond it.

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.

Supreme court wey declare candidate wey finish 4th for imo elections governor... Supreme court wey give lawan senatorial ticket upon say e no contest... the supreme courts also act like dictators ...Buhari is no fool

Emekaonline:
Now I know many Nigerians are fools and unintelligent. If executive orders supersede SC orders, why has all the past presidents not issuing orders against the state governors that have been sacked? This indomie generation is a disgrace really

It is very sad..makes me wanna run away from nigeria..government can be excused for being power drunk..but nobody is going to dismiss the citizenry for lack of use of the brain

All of them have their jurisdiction. Supreme court don't have the jurisdiction of telling us what is a legal tender. The president through the CBN have the right to decide what we will call legal tender.

https://www.youtube.com/watch?v=V7O-LpH7ITk

Benjamin4388:
Oga sir..the fact is that 90 percent of nigerians are clueless to many things just breaks one down..b4 we can have a lasting change over here...educating the masses in critical thinking and be objective in their reasoning and other facets is most important..

Whenever I think about reorientation and the reformation which the Citizens need to go through in order to start getting things right, especially in our general pattern of thinking, our mentality, the things we consider as priority, our values, and so on,, I usually pity whoever that would become the next president... that is,, if the person really has it inside his mind-of-minds to start getting things done in the right ways throughout and everywhere across the country.

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.

Thank you brother, I am going to court on Sunday to stop inec from conducting election.

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.

Hahaha, wahala deyoooo

lexy2014:


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

. Yes I agree but its order must be followed before the judgement will be given!

The 1999 constitution is the problem of Nigeria. Make Una continue to dey blow grammer for there.

Benjamin4388:
that your last statement encourages backwardness...when we dey analyse things objectivly..it should be how it meant to be globally but bcuz its nigerians..then jaga jaga is allowed

I'm saying it as it is. With the latest trends Supreme Court judgment don't you agree?

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.

These are questions of checks and balances. The executive is an executor, and does not make laws, so Executive orders are only valid if they are within the armbit of the law, irrespective of who is giving it. For example, the executive cannot legally throw the country into war, without the peoples representative saying yes. But in Nigeria, the Presidents keep deploying the military internally without due process, which is why most of the country now abhor the military institution as partisan or even ethnic instruments.

The senate, representing the multiple facets of the people, make laws, while the judiciary interprets the laws and points of conflicts, so that no one side becomes too powerful. This is not working in Nigeria.

To the issue of supreme Court vs Presidential orders. I do not think Buhari is banking on his orders superseeding the Supreme court, as it cannot. Rather, he is looking at maintaining the status quo at the time of supreme court ruling. So according to him N500 and N1000 have been destryed leaving only N200. So he is obeying the supreme court ruling by circulating the N200.

He is also playing on the time prank that Tinubus camp played with by getting a supreme court restriction that will outlast the elections. How? If you say he has not adequately obeyed the supreme court order, you have to go back to court to make a case, by then the election is over. Ofcourse you can argue he is not fully obeying Supreme-Court, because apart from the destroyed notes, people and politicians still have N500 N1000 notes to circulate.


However, where was Tinubu and his camp when the courts freed Nnamdi Kanu and Buhari decided to keep him locked up? They were hailing him. Freedom must be protected at all times, otherwise one day it will be your turn to be enslaved.

The Supreme court has the last word on issues of federal law and federal Constitution.
The president has no right to overrule a supreme court order.
Checks and balances.

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.

Well said. I'm deeply sad and ashamed to note that majority of people here and even outside do not clearly see that the president has disobeyed a supreme court order that stayed execution of the policy pending determination, meaning the president can not make any alterations or amendment of the policy until the supreme court makes its final decision.

lexy2014:


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

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

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

The Supreme Court does not have original jurisdiction on criminal matters for example, and this very case brought before it by the States, but adjudicate on all appellate cases from the Court of Appeal.
It has original jurisprudence on all appellate cases. Then it has original jurisdiction on disputes between the FG and States, or States vs States that require constitutional interpretation.

The plaintiff that took the Federal Government to the Supreme Court know what they are doing that's why they willfully avoided adding CBN to the suit, which in this case they claim to have issues with its policy. They know the Order of the Supreme Court is binding and it gives room for no ambiguity in its authority that's why they took the case there instead of the High Court. They did it to buy time because if it is taken to the High Court which it originally should, the FG might file another case in another Court of equal jurisdiction which may not serve the interest of the Govs. They are not even interested in whatever judgement that may come forth because the primary reason is to buy time and that is the very reason why new States are joining the suit, they will continue to do so and the case would be adjourned till when their original intent is met.

El Rufai already gave a snippet of what they are trying to do with his broadcast, which is to allow the use of the old notes till election, then after that, it is no longer their business and Nigerians can continue their suffering from there.

The Supreme Court only has original jurisdiction to hear this case on appeal but allowed itself to be used by politicians thereby bringing the current ignominy upon itself where its authority is at the verge of been ridiculed.

descartes400:


Well said. I'm deeply sad and ashamed to note that majority of people here and even outside do not clearly see that the president has disobeyed a supreme court order that stayed execution of the policy pending determination, meaning the president can not make any alterations or amendment of the until the supreme court makes its final decision.

What you fail to understand is the Presidents legal framing. He has already made irreversible implementations of the policy. Therefore is obeying the supreme court on the reminants. Saying otherwise becomes subject to another litigation. If he has destroyed the notes before the ruling, the supreme court cannot expect him to circulate what has been destroyed.
Tinubu just lost 72 billion Naira, unless he wins as President.

lexy2014:


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?

These are valid questions you asked that borders on legality/constitutionality. With regards to your first questions and to whom it is directed to, these people tend to assume that monetary policies exist outside the realm of " the constitution of the federal republic of nigeria" therefore cannot be subjected to any form of judicial review.

AfricanColumbus:



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

And what authority is vested with the power to declare a thing unconstitutional?
Dumbass.

BluntCrazeMan:
Not Even A Supreme-Court Judgement??


Ok.
Noted

Good morning, in every democratic government, there is always the executive, judiciary and the legislature.

Executive executes the law, legislature makes the law and judiciary interprets the law.

African democraies is such that the executive is the senior pattener hence executive most times abuse the power given to her.

This explains why PMB's broadcast is miles ahead of the supreme court injunction as regards to the current issue at hand, thank you.

the Supreme Court and the President are separate branches of the federal government, each with their own distinct powers and responsibilities.

The President is the head of the executive branch of government, and is responsible for enforcing the laws of the land. The President is also the Commander-in-Chief of the armed forces, and has the power to make treaties and appoint federal officials, subject to the advice and consent of the Senate.

The Supreme Court is the highest court in the land, and is responsible for interpreting the Constitution and federal law. The Court has the power to declare laws and executive actions unconstitutional, and its decisions are binding on all other federal courts and on the executive branch.

While both the President and the Supreme Court have significant power, they are not directly comparable in terms of authority. The President has the power to enforce the law, while the Supreme Court has the power to interpret the law and the Constitution. Ultimately, both the President and the Supreme Court are accountable to the Constitution and the people of Nigeria

The President's power is only limited by his willingness to extend it beyond the limits of the constitution. For example, he can use state resources to instigate the circumstances that would allow him to declare a state of emergency, thereby suspending the constitution.

Of course, in this extreme case he would be taking a risk, because the people may also turn to extreme lawlessness as the last resort.

Accordingly, and in practice, the last hope of the common man is unity against dictatorship!