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Nairaland Forum / Nairaland / General / Politics / Amendment Of CCB/CCT Act By National Assembly Is Null & Void - Olatunde Bakare (18738 Views)
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Amendment Of CCB/CCT Act By National Assembly Is Null & Void - Olatunde Bakare by dmighty: 3:52pm On Oct 28, 2016 |
The amendment of the CCB/CCT Act by the National Assembly is null and void! By Olatunde Bakare @backarray The amendment of the CCB/CCT Act by the National Assembly is null, void and cannot stand as same is inconsistent with the provisions of CFRN. I expected the lawyers amongst our 469 lawmakers to set the rest of their ignorant colleagues on the right part but alas, they didn't. CCT did not just come into existence by virtue of the CCB/CCT Act but by the provisions of the 1999 Constitution as amended. The 3rd & 5th Schedule to CFRN as amended dwells on imp part of CCT's existence and ONLY a constitutional amendment can make changes to it. Meaning, amendment must be consented to by 2/3 of all 36 State Houses of Assembly. Without that, the provisions of 3rd&5th schedule stands. Therefore, any other law, be it an Act by the National Assembly or not, that is inconsistent with the provisions of CCB/CCT as provided.... by the 3rd & 5th Schedule to the constitution will be invalid, null and void to the extent of its inconsistencies. The amendment can't stand. Now let us highlight the most salient part of the invalid amendment of CCB/CCT Act by the National Assembly and point out where it fails.... Before that, may I point out that the wordings of 3rd &5th Schedule of the CFRN is 'SHALL' and that means it is Mandatory and NEVER optional: 1. NA altered the tenure of CCB Chairman to a term of 5yrs renewable once. This is inconsistent with Par. 17 (1) of the 5th Schedule CFRN. The Paragraph says the Chairman SHALL vacate his office at the age of 70 years. The word used is shall and it is Mandatory. Therefore the amendment by National Assembly limiting term of CCB Chairman to 5yrs renewable once is hereby NULL and VOID for being inconsistent with CFRN(Constitution of the Federal Republic of Nigeria). 2. The National Assembly amended the Act to say all CCT nominees MUST be screened & confirmed by Senate. This is inconsistent with Paragraph 15(3) 5th Schedule. The Par only makes it mandatory (SHALL) for the President and NJC to participate and the Senate CANNOT force their involvement. Therefore, the amendment to provide for Senate Screening and confirmation is NULL and VOID for being inconsistent with the Constitution. I've highlighted just 2 clauses from the amendment to show where it conflict with the CFRN and to show that the NA were totally ignorant. The CFRN in S. 1(3) provides that any law that is inconsistent with the provisions of the constitution shall be null and void. Except a constitutional amendment is triggered and 2/3 of all 36 States agrees,what the NA has done as its affect CCB/CCT is a waste of time. What should the President do? Throw the amendment in the bin as same conflicts with the Constitution and tell them to go do the right thing. The whole charade is an embarrassment and big shame on lawmakers who are lawyers for allowing this rape on our Constitution go unchallenged. https://mobile.twitter.com/Backarray/status/791965174328471561 23 Likes 1 Share
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Re: Amendment Of CCB/CCT Act By National Assembly Is Null & Void - Olatunde Bakare by Mynd44: 3:56pm On Oct 28, 2016 |
Lmaoooooo. When we have a Senate that is filled with politicians who are moved more by corruption, things like this is what happens 53 Likes 2 Shares |
Re: Amendment Of CCB/CCT Act By National Assembly Is Null & Void - Olatunde Bakare by dryyansh1(m): 4:01pm On Oct 28, 2016 |
Mynd44:What's funny Pls? 6 Likes 1 Share |
Re: Amendment Of CCB/CCT Act By National Assembly Is Null & Void - Olatunde Bakare by JBUZZ: 4:07pm On Oct 28, 2016 |
Thanks for bringing it up. We shall amend the constitution of the Federal Republic accordingly to ensure concurrence 9 Likes 1 Share |
Re: Amendment Of CCB/CCT Act By National Assembly Is Null & Void - Olatunde Bakare by comos: 4:09pm On Oct 28, 2016 |
Mynd44: oops you are a moderator, you are not suppose to comment talk-less of taking side 18 Likes |
Re: Amendment Of CCB/CCT Act By National Assembly Is Null & Void - Olatunde Bakare by onomeasike: 4:12pm On Oct 28, 2016 |
JBUZZ:Trust me, by that time, most of them will be "amending" from the jail 15 Likes 1 Share |
Re: Amendment Of CCB/CCT Act By National Assembly Is Null & Void - Olatunde Bakare by onomeasike: 4:14pm On Oct 28, 2016 |
comos:Where was this obnoxious rule stated in the Nairaland constitution? Kuku kill am na. Nansense 32 Likes 4 Shares |
Re: Amendment Of CCB/CCT Act By National Assembly Is Null & Void - Olatunde Bakare by Nobody: 6:22pm On Oct 28, 2016 |
Lalasticlala - the intelligentsia in Nairaland have started well, please finish off abeg Mynd44 - day don break for this thread, get your whip ready. Oga OAM4J, I trust your opinion on this subject. Meanwhile, I have secured my seat awaiting fireworks.Dogaras' HOR passed this bill in one reading in May, Sarakis' Senate delayed passage until this week. I am sure the Clerk of the National Assembly would have highlighted this inconsistency, but trust chest beating Ekweremadu (DSP) who presided over this charade to simply ignored the principle to satisfy his boss (while away). Useless politicians. Amazing write up by Op. Nice thinking. I owe you one small bottle for being thoughtful. Cc: Presidency Minister Malami Prof Osinbajo Falana Other legal luminaries.... CCT CCB 15 Likes |
Re: Amendment Of CCB/CCT Act By National Assembly Is Null & Void - Olatunde Bakare by kcnwaigbo: 8:45pm On Oct 28, 2016 |
When the NASS overrides the president's veto and pass it into law,Hope you won't commit suicide 9 Likes 3 Shares |
Re: Amendment Of CCB/CCT Act By National Assembly Is Null & Void - Olatunde Bakare by Jokerman(m): 9:16pm On Oct 28, 2016 |
lalasticlala: Moderators should comment buh not comment BS... Moderators are umpires and referees... 6 Likes 1 Share |
Re: Amendment Of CCB/CCT Act By National Assembly Is Null & Void - Olatunde Bakare by MadamExcellency: 9:39pm On Oct 28, 2016 |
INEC did not just come into existence by virtue of the INEC Act but by the provisions of the 1999 Constitution. Why is INEC operating with amended Electoral laws passed by NASS without endorsement from 2/3 of Nigerian States before implementation? 14 Likes 4 Shares |
Re: Amendment Of CCB/CCT Act By National Assembly Is Null & Void - Olatunde Bakare by MadamExcellency: 10:08pm On Oct 28, 2016 |
What was amended is Code of Conduct Act Cap C15 LFN 2004 It also proves for the tenure of the chairman and the constitution of the members. http://eie.ng/wp-content/uploads/2014/02/Code-of-Conduct-Bureau-and-Tribunal-Act.pdf 2 Likes |
Re: Amendment Of CCB/CCT Act By National Assembly Is Null & Void - Olatunde Bakare by Nobody: 9:12am On Oct 29, 2016 |
Re: Amendment Of CCB/CCT Act By National Assembly Is Null & Void - Olatunde Bakare by modath(f): 9:13am On Oct 29, 2016 |
Make Senators cos of Saraki dey dia dey fool densefs. 6 Likes |
Re: Amendment Of CCB/CCT Act By National Assembly Is Null & Void - Olatunde Bakare by emynike2001(m): 9:15am On Oct 29, 2016 |
They doing thus amendment to suit their stomach infrastructure and immunity to corruption. 5 Likes |
Re: Amendment Of CCB/CCT Act By National Assembly Is Null & Void - Olatunde Bakare by emymeeky: 9:16am On Oct 29, 2016 |
Re: Amendment Of CCB/CCT Act By National Assembly Is Null & Void - Olatunde Bakare by Pavore9: 9:20am On Oct 29, 2016 |
Not everyone is a dunce! 1 Like |
Re: Amendment Of CCB/CCT Act By National Assembly Is Null & Void - Olatunde Bakare by SillyMods: 9:22am On Oct 29, 2016 |
Keneking:I thought you are an e-wailer! What has changed? 2 Likes |
Re: Amendment Of CCB/CCT Act By National Assembly Is Null & Void - Olatunde Bakare by DesChyko: 9:23am On Oct 29, 2016 |
Keneking: Propaganda has come to stay in Nigeria. |
Re: Amendment Of CCB/CCT Act By National Assembly Is Null & Void - Olatunde Bakare by DesChyko: 9:25am On Oct 29, 2016 |
Keneking: Propaganda has come to stay in Nigeria. If at 6:22pm, when one should be dazed by the days activities and seekinh relief, someone can still muster such deception with intention to mislead, then, propaganda must be a Nigerian culture. Nice One OP. Those men in the NA are mere politicians, not government experts. Their popularity, not their prowess put them there 2 Likes |
Re: Amendment Of CCB/CCT Act By National Assembly Is Null & Void - Olatunde Bakare by babyfaceafrica: 9:26am On Oct 29, 2016 |
Jokerman:story...are thery robots?..who determines if what they say is BS?..you?...rabbish....abeg mynd and lala..carry go!!! 4 Likes |
Re: Amendment Of CCB/CCT Act By National Assembly Is Null & Void - Olatunde Bakare by Skain(m): 9:27am On Oct 29, 2016 |
National assembly of corrupt leaders. How I wish it could just happen... 1 Like |
Re: Amendment Of CCB/CCT Act By National Assembly Is Null & Void - Olatunde Bakare by NE555: 9:27am On Oct 29, 2016 |
comos:Every Nairaland member is solely responsible for anything that he/she posts or uploads on Nairaland. 3 Likes |
Re: Amendment Of CCB/CCT Act By National Assembly Is Null & Void - Olatunde Bakare by babyfaceafrica: 9:28am On Oct 29, 2016 |
comos:he should not talk because?...yeye 3 Likes |
Re: Amendment Of CCB/CCT Act By National Assembly Is Null & Void - Olatunde Bakare by SillyMods: 9:29am On Oct 29, 2016 |
MadamExcellency:But you're being informed that the amendment contradicts provisions in the constitution of FRN. And where that is the case, such amendment is NULL AND VOID. QED! 3 Likes 1 Share |
Re: Amendment Of CCB/CCT Act By National Assembly Is Null & Void - Olatunde Bakare by Jokerman(m): 9:29am On Oct 29, 2016 |
babyfaceafrica: So if a referee blows favorably for a team against another. .. will it be fair? ? |
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