torkaka:


. . . . . . . . . . .you are such a dull boy!!!! . . . . . . . . . . . ."or the person for the time being respectively appointed to exercise the functions of any of those offices in any state.” . . . . . . . . . . . .minion, who has the constitution legally allowed to make such appointments or alternatives? . . . . . . . . . . .who appoints a chief judge in a state? . . . . . . . . . . . .outside the Governor, if there is an unforseen situation where the governor is unable to appoint same and a vacuum is created, the only other body close to make a fill in is the "state assembly" . . . . . . . . . .boy I told you to read extensively to broaden your lucked up coconut

Section 185(2) is very clear on this matter...
“the Oath of Allegiance and the Oath of Office shall be administered by the Chief. Judge of the state or Grand Khadi of the Sharia Court of Appeal of the state, if any, or President of the Customary
Court of Appeal of the state, if any, or the person for the time being respectively appointed to exercise the functions of any of those offices in any state.”

1. The bolded part never specified who to make the appointment.

2. CJ is not exclusively appointed by Governors. The Governor send nominee(s) to the NJC, the NJC approve and send back to the Governor. The Governor send the name to the House, the House approves and send back to the Governor. The Governor swear-in the CJ of the state.
It is a triple function of the judiciary, legislature and executive. With respect to this case, the constitution never said the Governor should appoint.

3. There is no way that the Governor of Rivers state can even appoint when Courts are on shut down. Which Judge will he appoint? The one that is not on duty or someone from another state?

4. The fG acted in accordance to the law.

5. You are bitter and a very angry nincompoop. It is even a shame that I have to respond to you.

Hope you have learnt? GTFO my mention!

Truckpusher:
If you are expecting a man with issues of gender identity crisis to make any meanignful input you gonn be waiting for a long time bro.

Wait until he changes to his "cleverly" male moniker to attack you.Finally, no one takes him serious these days even his fellow janjawweeds are tired of having a closet gay running around their asss.

Chai

barcanista:
Section 185(2) is very clear on this matter...
“the Oath of Allegiance and the Oath of Office shall be administered by the Chief. Judge of the state or Grand Khadi of the Sharia Court of Appeal of the state, if any, or President of the Customary
Court of Appeal of the state, if any, or the person for the time being respectively appointed to exercise the functions of any of those offices in any state.”

1. The bolded part never specified who to make the appointment.

2. CJ is not exclusively appointed by Governors. The Governor send nominee(s) to the NJC, the NJC approve and send back to the Governor. The Governor send the name to the House, the House approves and send back to the Governor. The Governor swear-in the CJ of the state.
It is a triple function of the judiciary, legislature and executive. With respect to this case, the constitution never said the Governor should appoint.

3. There is no way that the Governor of Rivers state can even appoint when Courts are on shut down. Which Judge will he appoint? The one that is not on duty or someone from another state?

4. The fG acted in accordance to the law.

5. You are bitter and a very angry nincompoop. It is even a shame that I have to respond to you.

Hope you have learnt? GTFO my mention!

The rules of interpretation forbids importation of scenarios to a broad provision like this. I agree that Wike must be sworn in. but how. choosing the CJ for rivers as in this case is laying a precedent that the FG can just move in based on her own construction of the constitution. these are the kind of avoidable errors that characterized this administration. that the constitution doesn't specify does not mean anyone without a prior appointing authority can arrogate power to appoint to himself. As far as rivers is concerned the appointing authority is the chief executive on the recommendation of NJC. As I said earlier in my first post, the president only has power to declare a/state of emergency. remove the incumbent Gov and appoint an administrator who will then appoint acting CJ. and the deed is done. even this you will only be stretching the constitution. but for AGF to appoint is legally monstrous! it just like adding a section to the constitution instead of stretching the existing provision.

barcanista:
Section 185(2) is very clear on this matter...
“the Oath of Allegiance and the Oath of Office shall be administered by the Chief. Judge of the state or Grand Khadi of the Sharia Court of Appeal of the state, if any, or President of the Customary
Court of Appeal of the state, if any, or the person for the time being respectively appointed to exercise the functions of any of those offices in any state.”

1. The bolded part never specified who to make the appointment.

2. CJ is not exclusively appointed by Governors. The Governor send nominee(s) to the NJC, the NJC approve and send back to the Governor. The Governor send the name to the House, the House approves and send back to the Governor. The Governor swear-in the CJ of the state.
It is a triple function of the judiciary, legislature and executive. With respect to this case, the constitution never said the Governor should appoint.

3. There is no way that the Governor of Rivers state can even appoint when Courts are on shut down. Which Judge will he appoint? The one that is not on duty or someone from another state?

4. The fG acted in accordance to the law.

5. You are bitter and a very angry nincompoop. It is even a shame that I have to respond to you.

Hope you have learnt? GTFO my mention!

[b]. . . . . . . . .minion, I know you went to night school hence the difficulty you find comprehending . . . . . . . . . .or the person for the time being respectively appointed to exercise the functions . . . . . . . . .the constitution compliments itself . . . . . . . .what does chapter 7 part 2 section 271 say? . . . . . . . . . .goon, the governor is freely allowed to appoint in acting capacity without recourse to NJC . . . . . . . . . . . . . the word 'appoint' is the key and the constitution has clearly stated who can make the
'appointment' . . . . . . . .the governor can continue appointing in acting capacity every 3 months so long as its not the same person . . . . . . . .dull boy, appointments of judges are not tied to whether the courts are shut down or not, it is tied to the person with the title 'judge'

. . . . . . . . .hope I have learnt? . . . . . . . .nizzo, we are not on the same plane in that angle!!! . . . . . . . .democratic sructures in Rivers state have not been set aside, hence it is almost impossible for the executive arm of the FG to legally interfere with executive, legislative & judicial arms of the state . . . . . . . . . . . .your head is surely too blank to understand this . . . . . . . . . . .you need more protection!!![/b]

Torkaka, barcanista. I counsel that your arguments are good enough without personal verbal attacks. the beauty of debate by adults suffers a serious disservice if we cannot respectfully disagree with one another.

My God, Amaechi really dealt with the judiciary.

Kai! My people this one din enta anoda levels

torkaka:


[b]. . . . . . . . .minion, I know you went to night school hence the difficulty you find comprehending . . . . . . . . . .or the person for the time being respectively appointed to exercise the functions . . . . . . . . .the constitution compliments itself . . . . . . . .what does chapter 7 part 2 section 271 say? . . . . . . . . . .goon, the governor is freely allowed to appoint in acting capacity without recourse to NJC . . . . . . . . . . . . . the word 'appoint' is the key and the constitution has clearly stated who can make the
'appointment' . . . . . . . .the governor can continue appointing in acting capacity every 3 months so long as its not the same person . . . . . . . .dull boy, appointments of judges are not tied to whether the courts are shut down or not, it is tied to the person with the title 'judge'

. . . . . . . . .hope I have learnt? . . . . . . . .nizzo, we are not on the same plane in that angle!!! . . . . . . . .democratic sructures in Rivers state have not been set aside, hence it is almost impossible for the executive arm of the FG to legally interfere with executive, legislative & judicial arms of the state . . . . . . . . . . . .your head is surely too blank to understand this . . . . . . . . . . .you need more protection!!![/b]

You see how dumb you sound? Is there any agCJ of rivers state at present? Did anybody say the Governor doesn't have power to appoint agCJ? You just jump into a subject without comprehending the matters at hand. Anyway, you arr an angry old dude that I shouldn't be responding to.

Spare me your thrash!!!

TRUTHTOPOWER:


The rules of interpretation forbids importation of scenarios to a broad provision like this. I agree that Wike must be sworn in. but how. choosing the CJ for rivers as in this case is laying a precedent that the FG can just move in based on her own construction of the constitution. these are the kind of avoidable errors that characterized this administration. that the constitution doesn't specify does not mean anyone without a prior appointing authority can arrogate power to appoint to himself. As far as rivers is concerned the appointing authority is the chief executive on the recommendation of NJC. As I said earlier in my first post, the president only has power to declare a/state of emergency. remove the incumbent Gov and appoint an administrator who will then appoint acting CJ. and the deed is done. even this you will only be stretching the constitution. but for AGF to appoint is legally monstrous! it just like adding a section to the constitution instead of stretching the existing provision.

what is happening in this Rivers case is a special one. The Attorney General did not import any judge to serve as CJ in Rivers state, he only exercised the power as conferred on him by Section 185(2). For the record, the said Section did NOT specify that the Governor or an Administrator should be the only person to make the appointment in case like this. It never forbids the FG from exercising such powers, neither did it specify that only members of the State Judiciary should be appointed for such purpose.

The FG is ABSOLUTELY on track for two reasons...
1. Section 185(2) did not specify that only state governor or any arm of the state government should exercise such power. In fact, it was ambigious as to the appointing authority.

2. The issue of "Doctrine of Necessity" has come in. Let me remind you that in 2010, an outgoing CJN swore in his successor which was against the law. But he had to do that because the then President Yaradua was in comatose and the VP was yet to be empowered as AgPresident. The decision of the outgoing CJN stood.
Same 2010, the NASS went out of their way to empower then VP Goodluck Jonathan to function as AgPresident without transmission of letter from the incumbent President Yaradua as specified in the constitution. The decision of NASS stood and GEJ appointed agPresident. (That section was later amended)

The point is you can't leave room for a vacuum. That will cause constitutional crises.

dem don start

shakazuldadon:
White rice

I have stew

callmeSwit:
dem don start

I dey tels you...

Jorussia:
.d chief judge of bayelsa state coming to administer oath of office in Rivers state?legal experts in d house is dis move constitutional?

the constitution expressly provides that the Chief Judge of the state swear in the incoming governor, not the chief judge of any other state. I wonder how the AGF interprets his own constitution

midolian:
I used to think you hav a brain..why prove me wrong?

he has, you get yours

orimsamsam:
so u support impunity. The best thing fg should ave done is take amechi to court

Seems u reason with your anus

NgeneUkwenu:





Ode!! where did you see Federal Government or Minister of Justice's Name there?

I repeat, it is going to be an exercise in futility, Null and Void! Oya go play with your mate!

Is it that yyou can't read or u simply have comprehension issues Which kain school una dey go sef?

barcanista:
what is happening in this Rivers case is a special one. The Attorney General did not import any judge to serve as CJ in Rivers state, he only exercised the power as conferred on him by Section 185(2). For the record, the said Section did NOT specify that the Governor or an Administrator should be the only person to make the appointment in case like this. It never forbids the FG from exercising such powers, neither did it specify that only members of the State Judiciary should be appointed for such purpose.

The FG is ABSOLUTELY on track for two reasons...
1. Section 185(2) did not specify that only state governor or any arm of the state government should exercise such power. In fact, it was ambigious as to the appointing authority.

2. The issue of "Doctrine of Necessity" has come in. Let me remind you that in 2010, an outgoing CJN swore in his successor which was against the law. But he had to do that because the then President Yaradua was in comatose and the VP was yet to be empowered as AgPresident. The decision of the outgoing CJN stood.
Same 2010, the NASS went out of their way to empower then VP Goodluck Jonathan to function as AgPresident without transmission of letter from the incumbent President Yaradua as specified in the constitution. The decision of NASS stood and GEJ appointed agPresident. (That section was later amended)

The point is you can't leave room for a vacuum. That will cause constitutional crises.

One thing you fail to memtion was, the legality of both actions were never tested in court. What would have happened if someone dragged the NASS to court for appointing Vice President Goodluck as Acting President without a transmission letter from the president?

Also in this case what would happen if a River's citizen sues the FG and Wike to court for swearing in of the Governor by aliens to the state? Lets just hope someone does not sue in this case also.

Goddex:
[size=13pt]Our so-called Human Rights Femi Falana only talks when it concerns APC.

For nearly 2yrs, Amaechi shut an entire judicial arm of government under lock and key. Our APC Falana have suddenly developed sealed lips, deaf ears and blind eyes to these evil perpetrated by Amaechi.[/size]

I knew a long time ago the animal right lawyer is nothing but a big hypocrite.

Gboliwe:


Stop being nasty! Read the article and stop asking irrelevant question!

na waa for u...the guy asked a simple question naa

It is only in Nigeria that this Mohammed Adoke can be an ordinary lawyer, let alone a senior lawyer. Adoke is as corrupt as they come with all the mis-interpretations he has given to Nigeria's constitution. There was the perception that Aondoakaa was bad and corrupt during late President Yar' Adua's time, but he is no match for this Adoke.
How come the so-called "noble profession" have so many dishonourable men in their senior rank ?

With a good primary school education and zero knowledge of law, one will know that Adoke's directive to CJ of Bayelsa state is null and void in a federal system of government. The NBA should try rederming it's image by leting the likes of Adoke, Aondoakas, etc form their own rogue legal assiciation.

Is it that the office of the chief judge is vacant?

Intelligence is better than stenght. I appreciate the position of the AGF. Amaechi will live to regret if for no other reason but for closing down the Temple of Justice. He can go to hale.

Jonathan is still in charge and he wants a smooth transition come May 29th. Wike has to be sworn in whether Amechi likes it or not. This is good news

NgeneUkwenu:





Ode!! where did you see Federal Government or Minister of Justice's Name there?

I repeat, it is going to be an exercise in futility, Null and Void! Oya go play with your mate!

niggaa be forming I too know on shitt they know nothing about...


go establish your gender first before you dabble into the constitution...

TRUTHTOPOWER:


The rules of interpretation forbids importation of scenarios to a broad provision like this. I agree that Wike must be sworn in. but how. choosing the CJ for rivers as in this case is laying a precedent that the FG can just move in based on her own construction of the constitution. these are the kind of avoidable errors that characterized this administration. that the constitution doesn't specify does not mean anyone without a prior appointing authority can arrogate power to appoint to himself. As far as rivers is concerned the appointing authority is the chief executive on the recommendation of NJC. As I said earlier in my first post, the president only has power to declare a/state of emergency. remove the incumbent Gov and appoint an administrator who will then appoint acting CJ. and the deed is done. even this you will only be stretching the constitution. but for AGF to appoint is legally monstrous! it just like adding a section to the constitution instead of stretching the existing provision.

. It seems you ve forgotten the constitutional requirement of declaring a state of emergency on a state. It has to pass through the legislature remember. A legislature that now has APC dominting it. What if they frustrate the emergency bid? You re just playing the devil's advocate with shameful bias. The FG acted constitutionally. Don't you have a hot transformer in your street to hug? Saddist!

wirinet:


One thing you fail to memtion was, the legality of both actions were never tested in court. What would have happened if someone dragged the NASS to court for appointing Vice President Goodluck as Acting President without a transmission letter from the president?

Also in this case what would happen if a River's citizen sues the FG and Wike to court for swearing in of the Governor by aliens to the state? Lets just hope someone does not sue in this case also.

Going to Court to challenge the action will oÑly amount to academic exercise. The court will throw out the case on technical ground

NgeneUkwenu:


Mumu! Where in the quoted section did it expressly mention/empower the Federal Government to appoint Another Chief Judge or any person in particular to administer oath of office in a Federating state?

. Are you advocating for the governor or the state legislator to appoint the chief judge? Can't your stupid head tell you that every judge in Rivers state is on strike. Assuming it goes in your mischievious way, what would you rather have happen on May 29? No swearing-in abi? Electric fool like you.

barcanista:
what is happening in this Rivers case is a special one. The Attorney General did not import any judge to serve as CJ in Rivers state, he only exercised the power as conferred on him by Section 185(2). For the record, the said Section did NOT specify that the Governor or an Administrator should be the only person to make the appointment in case like this. It never forbids the FG from exercising such powers, neither did it specify that only members of the State Judiciary should be appointed for such purpose.

The FG is ABSOLUTELY on track for two reasons...
1. Section 185(2) did not specify that only state governor or any arm of the state government should exercise such power. In fact, it was ambigious as to the appointing authority.

2. The issue of "Doctrine of Necessity" has come in. Let me remind you that in 2010, an outgoing CJN swore in his successor which was against the law. But he had to do that because the then President Yaradua was in comatose and the VP was yet to be empowered as AgPresident. The decision of the outgoing CJN stood.
Same 2010, the NASS went out of their way to empower then VP Goodluck Jonathan to function as AgPresident without transmission of letter from the incumbent President Yaradua as specified in the constitution. The decision of NASS stood and GEJ appointed agPresident. (That section was later amended)

The point is you can't leave room for a vacuum. That will cause constitutional crises.

The rule of interpreation here is ejusdem generis. Things that are alike follow one another. when a law says njc,Gov,president, national assembly, house of assembly no more and no less you cannot bring any official that is not in that frame of reference. AGF is not in the frame of reference. Constitution are by judicial precedent read as a whole not section by section. when a part say appoint you mut by law go to the root of appointmentment clause. AGF is not in the appointment clause. In the case of the cjn swearing in another judge, it was because the cjn had constitutional power to administer oath. the doctrine of necessity couldn't have made bayelsa house of assembly to make a VP the acting president. that doctrine was used by an organ that could have done so all things being equal. AGF HAS NO ROLE TO PLAY in the matter the power of AGF is spelt out in Section 174. He has no bearing in appointment of judicial officers. A judge is not answerable to a govt lawyer it is wrong and insulting. the NJC is there. even the president is there at worst. (at worst because his role is also governed by law except for emergency) u

Goddex:
[size=13pt]Our so-called Human Rights Femi Falana only talks when it concerns APC.

For nearly 2yrs, Amaechi shut an entire judicial arm of government under lock and key. Our APC Falana have suddenly developed sealed lips, deaf ears and blind eyes to these evil perpetrated by Amaechi.[/size]

I have never taken him seriously. He is a common hypocrite.

aare07:
Dakuku would be governor of Rivers State
Come re-election

HAIL MARY MOTHER OF GOD PRAY FOR ALL SINNERS (LIKE THIS ONE)NOW AND @ THE HOUR OF THEIR DEATH.. AMENNN

AdamsBashforth:


I have never taken him seriously. He is a common hypocrite.

Femi ..the man that said there will be power vacuum if GEJ hands over on May, 28.

Double faced hippopocrite.