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FG Orders Bayelsa CJ To Swear Wike In May 29 - Politics (4) - Nairaland

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Re: FG Orders Bayelsa CJ To Swear Wike In May 29 by strongerthaneva(m): 11:35pm On May 19, 2015
Ezenwammadu:
Wike We Know Wike ls Loved.lf amaechi thinks that locking down the courts for almost two years or buying a court injunction will stop Wike from doing his four years then he never chim chong chim
get da Bleep stupid tanoids..
Re: FG Orders Bayelsa CJ To Swear Wike In May 29 by strongerthaneva(m): 11:36pm On May 19, 2015
Ezenwammadu:
Wike We Know Wike ls Loved.lf amaechi thinks that locking down the courts for almost two years or buying a court injunction will stop Wike from doing his four years then he never chim chong chim
get da Bleep stupid tanoids..wike soon u will trust him is parlour..
Re: FG Orders Bayelsa CJ To Swear Wike In May 29 by nkemdi89(f): 11:38pm On May 19, 2015
What happened to jurisdiction? Please legal experts assist me in this because the little I understand I thought the CJ or any other judge can only function within his juridiction.
Re: FG Orders Bayelsa CJ To Swear Wike In May 29 by Cmarketer(m): 11:42pm On May 19, 2015
Its just a pity that a controversial governor-elect is on the edge of been sworn in, without been challenged because of god-fatherism. This is a dangerous development.
Re: FG Orders Bayelsa CJ To Swear Wike In May 29 by Nobody: 11:46pm On May 19, 2015
TRUTHTOPOWER:


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
I don't even understand your point of argument. Firstly, the CJN can swear-in PCA and other Federal Justices and judges but not another CJN. There can be no two CJN at the same time, it is only the President or whoever he delegates that performs the ceremony. However, no law specifically forbade then outgoing CJN Kutigi from Swearing-in incoming Katsina-alu and considering the necessity as the President Yaradua was in comatose and there must be no vacancy. In fact, NBA and Constitutional lawyers kicked against the action but it stood.

A§ for the AGF, he is acting on behalf of the President and Commander-in-chief and not of his own. Like i pointed out earlier
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).

You have to admit(whether you agree or not) that the inauguration ceremony is an exercise to fulfil thÉ books. Wike already has Þhe mandate, no Court can upturn the action.

I can't be arguing back and forth! I'm done with this
Re: FG Orders Bayelsa CJ To Swear Wike In May 29 by Nobody: 11:52pm On May 19, 2015
TRUTHTOPOWER:


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
Stop wasting your time on those who have refused to learn, you are not in their league. Kudos

5 Likes

Re: FG Orders Bayelsa CJ To Swear Wike In May 29 by TRUTHTOPOWER: 11:52pm On May 19, 2015
OwerriChairman:
. 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!

Saddist? is that your training wherever you were schooled? What kind of impulse just make someone to just lace his views with sadistic venom? I never said emergency declaration does not have legal issues however the president like obj did in plateau can invoke clear and present danger clause. bottom it is the process that can be questioned not whether he had a role to play ab initio. the implication of what the AGF did is that a judge in any state can now be appointed to carry out the functions of judges in another state without recourse to the NJC. he can seat, adjucate and impose sanctions of law as long as he has the backing of the AGF. or is it limited to the oath of office alone because the section says any of the functions. it means the AGF can be the National Assembly, The President and the NJC for the purpose of appointing a judge to carry out the constitutional duties of a chief justice of Nigeria or at state level mutantis mutandis.
Haaaaaaaaa!

1 Like

Re: FG Orders Bayelsa CJ To Swear Wike In May 29 by datribune: 11:54pm On May 19, 2015
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.

I think u hav a point. If d doctrine of necessity was legally tested, I'm not sure d outcome would hav been positive because it seemed to me it was unconstitutional but necessary back then to forestall imminent crisis.

2 Likes

Re: FG Orders Bayelsa CJ To Swear Wike In May 29 by Nobody: 12:00am On May 20, 2015
midolian:
Chief judge of ”Bayelsa” state?lipsrsealed Rivers state no get Chief judge?




Thanks for answering without a fight..even though e no sweet my mind, I still have to say congratz.. angry angry
Amaechi closed it down a veery long time before now. He had plans, but Wike is also a lawyer, all lawyers affected will face Amaechi from next month.
Re: FG Orders Bayelsa CJ To Swear Wike In May 29 by senoreetah(f): 12:07am On May 20, 2015
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?

They just quoted the part of the constitution for u there now
Re: FG Orders Bayelsa CJ To Swear Wike In May 29 by Wildrage: 12:15am On May 20, 2015
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.

You people are quite funny, what other options are there to avoid a constitutional crisis? The framers of the constitution never anticipated a situation like this, where a tout, with no sense of proportion , reckless to a point of insanity , would preside as the executive governor of a state. What the AGF is proposing is akin to the doctrine of necessity, we can't allow a vacuum and create anarchy cos of a constitutional lacuna

3 Likes

Re: FG Orders Bayelsa CJ To Swear Wike In May 29 by Wildrage: 12:20am On May 20, 2015
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]

I am sure you are not full abreast of the situation in Rivers state, the judges can't even gain access to their offices, the last time they tried unlocking the gates to the courts, the nuisance in brick house sent his goons to manhandle them
Re: FG Orders Bayelsa CJ To Swear Wike In May 29 by tete7000(m): 12:20am On May 20, 2015
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.

But what happens when the tenure of the governor has lapsed and he is no longer constitutionally empowered to make such appointment? Does that mean the governor's office should remain vacant from May 29 at the expiration of Amaechi's tenure or can Amaechi act and make appointment beyond his tenure in office? I want to believe this provision comes into force only on May 29 to avoid creating a vacuum in the office of the state governor. There are many things our constitution never envisaged and this is one of them. It was never envisage the governor of a state will deliberately act to prevent the swearing in of his successor. In line with doctrine of necessity maybe the fg has acted right. If there is disagreement, reprieve can be sought in court but I won't be surprised if the court upholds the decision of this peculiar case and make it a precedence for such future occurence. My opinion though and I no be lawyer o!

1 Like

Re: FG Orders Bayelsa CJ To Swear Wike In May 29 by Nobody: 12:25am On May 20, 2015
IdiAmin1:


Hug transformer if you are pained 'cos I'm sure you are. undecided


He sure can. That's not a biggie. No light so it cant do nada to him
Re: FG Orders Bayelsa CJ To Swear Wike In May 29 by Wildrage: 12:26am On May 20, 2015
iretiland:
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.

And where was the NBA all this while when Rivers Lawyers were being denied their legitimate right of livelihood and hundreds of thousands of litigants their right of redress in court
Re: FG Orders Bayelsa CJ To Swear Wike In May 29 by porka: 12:29am On May 20, 2015
manuroq:
Is it that the office of the chief judge is vacant?
[size=16pt]
Yes, it's been vacant for almost two years; the office of the Chief Judge of Rivers State that is.

And the state judiciary has not function for that same period; almost two years.

APC has changed everything.
[/size]
Re: FG Orders Bayelsa CJ To Swear Wike In May 29 by Popemax(m): 12:29am On May 20, 2015
orimsamsam:
so u support impunity. The best thing fg should ave done is take amechi to court
wetin dey vex u on this matter
Re: FG Orders Bayelsa CJ To Swear Wike In May 29 by godwin120alex: 12:31am On May 20, 2015
Hahahahahah
Re: FG Orders Bayelsa CJ To Swear Wike In May 29 by muahmed(m): 12:32am On May 20, 2015
If Bayelsa CJ swears in Rivers Governor then who will swear Bayelsa Governor

1 Like

Re: FG Orders Bayelsa CJ To Swear Wike In May 29 by tete7000(m): 12:34am On May 20, 2015
Cmarketer:
Its just a pity that a controversial governor-elect is on the edge of been sworn in, without been challenged because of god-fatherism. This is a dangerous development.
But there has been other states where controversially elected governors were sworn in to later have their swearing in upturned by election tribunal or appeal court. Osun state with oyinlola and edo state with osunbor came to mind in this regard. The sitting governor has no right to stop the swearing in of his successor. Only election tribunal has the mandate to upturn election result. If the result of the election in the state are believed to be rigged, the right thing to do is to approach the tribunal and not to constitute a brickwall to swearing in.
Re: FG Orders Bayelsa CJ To Swear Wike In May 29 by porka: 12:42am On May 20, 2015
TRUTHTOPOWER:


Saddist? is that your training wherever you were schooled? What kind of impulse just make someone to just lace his views with sadistic venom? I never said emergency declaration does not have legal issues however the president like obj did in plateau can invoke clear and present danger clause. bottom it is the process that can be questioned not whether he had a role to play ab initio. the implication of what the AGF did is that a judge in any state can now be appointed to carry out the functions of judges in another state without recourse to the NJC. he can seat, adjucate and impose sanctions of law as long as he has the backing of the AGF. or is it limited to the oath of office alone because the section says any of the functions. it means the AGF can be the National Assembly, The President and the NJC for the purpose of appointing a judge to carry out the constitutional duties of a chief justice of Nigeria or at state level mutantis mutandis.
Haaaaaaaaa!

[size=16pt]Meanwhile, Amaechi himself was declared the winner of an election he did not contest in. [/size]

1 Like 1 Share

Re: FG Orders Bayelsa CJ To Swear Wike In May 29 by freshdude99(m): 12:49am On May 20, 2015
orimsamsam:
so u support impunity. The best thing fg should ave done is take amechi to court
Do u even know what"impunity" means before using the word?
What impunity is greater than locking an entire judiciary arm of state down for more than a year?
Bro play APC politics with ur brain not ur Asshole as u have shown Nlanders shocked

2 Likes 1 Share

Re: FG Orders Bayelsa CJ To Swear Wike In May 29 by Nobody: 1:05am On May 20, 2015
If they should swear for Wike e go catch am. election malpractice
Re: FG Orders Bayelsa CJ To Swear Wike In May 29 by emmykk(m): 3:46am On May 20, 2015
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?
most of you dont read before you comment.read the main post again,the question you ask the answer is there.
Re: FG Orders Bayelsa CJ To Swear Wike In May 29 by emmykk(m): 3:53am On May 20, 2015
midolian:
this is why I hate some pple(ITKs) on this forum..I asked a simple question. Give a simple answer if u know it. If you don't know it, why not shut the fvck up?
the time you took to reply his comment is enough for you to read and educate yourself from the main post.

The question you asked is so annoying that is better to abuse you than to correct you.


The bible advice one should Answer a fool in his own way which he did.


If you dont know the happenings in rivers state it would have been better to stop typin with those your leprose fingers.


For idio.ta and Dumb ass like you receive this info,

Gov ameachi in his madness days refuse to accept and approve the most qualify chief judge approve by NJC(google njc nor come fool yourself again) because his own candidate who is a system man did not received the blessing of NJC.the wahala then create a situation were there is no chief judge in rivers state.

He ameachi therefore for 2yrs made the judiciary to be under lock and key.if you even kill any 1 now in rivers state within the pass 2 years there is no court to convict you.

I hope you brain is updated

1 Like

Re: FG Orders Bayelsa CJ To Swear Wike In May 29 by PRYCE(m): 4:58am On May 20, 2015
barcanista:
That's a good move.

Sai Wike
If I were wike, I would tender evidence of Amaechi's gross mismanagement of Rivers' funds and watch closely how his Daura Oga will deal with the issue!

3 Likes

Re: FG Orders Bayelsa CJ To Swear Wike In May 29 by anonimi: 5:12am On May 20, 2015
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]


Same for Wole Soyinka!
Re: FG Orders Bayelsa CJ To Swear Wike In May 29 by midolian(m): 5:38am On May 20, 2015
emmykk:
the time you took to reply his comment is enough for you to read and educate yourself from the main post.

The question you asked is so annoying that is better to abuse you than to correct you.


The bible advice one should Answer a fool in his own way which he did.


If you dont know the happenings in rivers state it would have been better to stop typin with those your leprose fingers.


For idio.ta and Dumb ass like you receive this info,

Gov ameachi in his madness days refuse to accept and approve the most qualify chief judge approve by NJC(google njc nor come fool yourself again) because his own candidate who is a system man did not received the blessing of NJC.the wahala then create a situation were there is no chief judge in rivers state.

He ameachi therefore for 2yrs made the judiciary to be under lock and key.if you even kill any 1 now in rivers state within the pass 2 years there is no court to convict you.

I hope you brain is updated
I can see an elderly man on your profile..how come you are so unwise? Grow a brain, man! You don't need all these.
Re: FG Orders Bayelsa CJ To Swear Wike In May 29 by midolian(m): 5:43am On May 20, 2015
emmykk:
the time you took to reply his comment is enough for you to read and educate yourself from the main post.

The question you asked is so annoying that is better to abuse you than to correct you.


The bible advice one should Answer a fool in his own way which he did.


If you dont know the happenings in rivers state it would have been better to stop typin with those your leprose fingers.


For idio.ta and Dumb ass like you receive this info,

Gov ameachi in his madness days refuse to accept and approve the most qualify chief judge approve by NJC(google njc nor come fool yourself again) because his own candidate who is a system man did not received the blessing of NJC.the wahala then create a situation were there is no chief judge in rivers state.

He ameachi therefore for 2yrs made the judiciary to be under lock and key.if you even kill any 1 now in rivers state within the pass 2 years there is no court to convict you.

I hope you brain is updated
I can see an elderly man on your profile..how come you are so unwise? Grow a brain, man! You don't need all these. Following all the girls on nairaland and insulting yourself isn't a way to live. Sheep
Re: FG Orders Bayelsa CJ To Swear Wike In May 29 by ndukwejoe(m): 5:57am On May 20, 2015
frankyychiji:
Congrats Wike my man! You are the real badosky, the slayer of the LIONESS of Ubima! cool
BIG LIE MAN FOREVER PDP WILL DREAD THAT NAME AMAECHI EVEN IN THEIR DREAMS.
Re: FG Orders Bayelsa CJ To Swear Wike In May 29 by ideykwum: 6:11am On May 20, 2015
Mentally lazy youths are worse than corruption!!

Gboliwe:


Even if you don't know what the constitution says on this, it's okay. I don't know too but can't you atleast read this very short article before exposing your inadequacies?
Re: FG Orders Bayelsa CJ To Swear Wike In May 29 by ideykwum: 6:12am On May 20, 2015
Shut up and take correction!

midolian:
this is why I hate some pple(ITKs) on this forum..I asked a simple question. Give a simple answer if u know it. If you don't know it, why not shut the fvck up?

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