Political Law — Nigerian Constitution Forum

Why are Nigerians not patriotic?

rouma — Mon, 25 Jun 2012 09:54:26 +0000

I see citizens of US singing their National anthem with passion and pride. Why are Nigerians not Patriotic?

Is Buhari constitutionally qualified to run for the 2015 presidential election?

Zubair Abubakar — Wed, 21 Jan 2015 16:09:55 +0000

Section 131 of the constitution says:

A person shall be qualified for election to the office of the President if -
(a) he is a citizen of Nigeria by birth;
(b) he has attained the age of forty years;
(c) he is a member of a political party and is sponsored by that political party; and
(d) he has been educated up to at least School Certificate level or its equivalent.

can there really be any change in this country?

mikky — Sun, 19 Jul 2015 18:37:58 +0000

in nigeria politics,the same set of people recling the seat of power bt now in another either political system uniform or in anothr party tag jacket. hmmmmm......God you need to intervene

Legal implications of Audu Abubakar’s Death - Festus Keyamo

Zubair Abubakar — Mon, 23 Nov 2015 16:33:33 +0000

By Festus Keyamo, ESQ

Festus Keyamo

The reported death today, Sunday, November 22nd, 2015, of the APC candidate in the Kogi State Governorship elections, Prince Abubakar Audu, is extremely shocking and sad. I would like to express my condolences to the entire family of Audu and to the people of Kogi State.

However, the real question agitating the minds of everybody is the legal implication regarding the inconclusive Governorship elections at the time of his demise. To state it correctly he was said to have died AFTER the announcement of the results by INEC and after INEC had declared the elections inconclusive. Admittedly, this is a strange and novel constitutional scenario. It has never happened in our constitutional history to the extent that when an election has been partially conducted (and not before or after the elections) a candidate dies. What then happens?

This is a hybrid situation between what happened in the case of Atiku Abubakar/Boni Haruna in 1999 and the provision of section 33 of the Electoral Act, 2010.

In the case of Atiku Abubakar/Boni Haruna [which is now a clear constitutional provision of section 181(1) of the 1999 Constitution (as amended)] the Supreme Court held, in effect, that “if a person duly elected as Governor dies before taking and subscribing the Oath of Allegiance and oath of office, or is unable for any reason whatsoever to be sworn in, the person elected with him as Deputy governor shall be sworn in as Governor and he shall nominate a new Deputy-Governor who shall be appointed by the Governor with the approval of a simple majority of the house of Assembly of the State”.

In the case of section 33 of the Electoral Act 2010 it provides, in effect, that if a person has been duly nominated as a candidate of his party and he dies before the election then the political party has the right to replace him with another candidate and not necessarily the Deputy Governorship candidate.

Now, does the Kogi situation fit into section 181(1) of the Constitution as quoted above or section 33 of the Electoral Act mentioned above?

My simple position is that the Kogi situation fits more into section 181(1) of the 1999 Constitution (as amended) and as such James Abiodun Faleke automatically becomes the governorship candidate of the APC. This is because even though the election in inconclusive, votes have been counted and allocated to Parties and candidates. As a result the joint ticket of Audu/Faleke has acquired some votes already. James Abiodun Faleke is as much entitled to those votes already counted as much as the late Abubakar Audu. He has a right to cling to those votes going into the supplementary election.

There is only one problem, though. Who nominates Faleke’s Deputy? Unlike section 181(1) of the 1999 Constitution, he cannot approach the House of Assembly of the State to approve a nomination by him of a Deputy. This is because, in reality, he is not duly elected yet. Therefore it is only reasonable to conclude that it is APC (Faleke’s political party) that should submit the name of a fresh Deputy Governorship candidate to INEC for the supplementary election.

This is the only position in this situation that accords with reason and good sense.

What do you think?

The Mass Media and Nigerian Election

Dunamis50 — Sat, 11 Apr 2015 00:11:13 +0000

Good morning
Please, I would like to know where the duties played by the mass media during election is written in the constitution.
Thank you

Mr precident

Aladekolawole — Wed, 18 Jul 2012 01:55:40 +0000

Dos our precident vited 2 be our leader

NIGERIAN CONSTITUTION

Rooseveltfranklindel — Tue, 25 Dec 2012 12:16:41 +0000

Politically, Nig. Is poor. Nig. System of politics is affecting the youths & the society. Nig.leaders needs to amend their
ways. Nig. Is leading to destruction. I think thus.!

Appointment

Abdullahi Kayode — Tue, 01 Sep 2015 04:35:09 +0000

can someone tell me the reason why President Muhammadu Buhari is appointing the north to key federal position???

ELECTORAL ACT

Dunamis50 — Tue, 17 Feb 2015 01:59:15 +0000

Hello,
I would like to know where in the constitution of Nigeria that states the various rules that guides the electoral process in Nigeria and also various electoral malpractices too. Thanks

Goodluck Jonathan second term bid

chigozie — Thu, 07 Jun 2012 16:30:56 +0000

I will vote Goodluck Jonathan again if he presents himself for second term, the young man is not doing badly. He has the constitutional right to contest for another term.

interior law maker

Emeka Umaeye — Mon, 02 Mar 2015 19:30:52 +0000

Join in the fun! Tell us the main reason why you are studying law. Curator Grew up in a family where everybody is either a lawyer or is studying law. So it is a family business.

Dana Air Disaster

rouma — Mon, 04 Jun 2012 16:10:42 +0000

Many Nigerians are blaming the president for the loss of over 150 lives to the sunday plane crash. How is GEJ to be blamed nah?

NIGERIA'S PROBLEM!

Kozywizzy — Sun, 10 Jun 2012 02:12:43 +0000

WHY DO NIGERIANS VALUES ALREADY MADE? WHY DO THE LEADERS DON'T WANNA DO SOMETHING FOR OUR SURVIVAL?

NIGERIAN CONSTITUTION

Rooseveltfranklindel — Tue, 25 Dec 2012 12:19:34 +0000

Politically, Nig. Is poor. Nig. System of politics is affecting the youths & the society. Nig.leaders needs to amend their
ways. Nig. Is leading to destruction. I think thus.!

NIGERIAN CONSTITUTION

Rooseveltfranklindel — Tue, 25 Dec 2012 12:16:35 +0000

Politically, Nig. Is poor. Nig. Syste

Insecurity

Moskido — Thu, 06 Dec 2012 03:25:51 +0000

Bomb rocking nigeria like knockout, my people wat is d solution to dis problem.

Sovereign National Conference???

Fyo — Mon, 16 Jul 2012 10:43:17 +0000

What do you think about this?

Politician

Moskido — Wed, 14 Nov 2012 07:50:27 +0000

Imagine one minister in Nigeria said Nigeria graduates could not be employed, my people how do u see dat statement and who do we put d blames onn

What is the Nigerian dream?

Wanbabainternational — Sun, 14 Oct 2012 14:07:09 +0000

It is a fact that behind every success there must be a vision, a dream to take us to the next level. As a nation do we have a vision, a dream, if years are Nigerians conscious of it. How then can we flow in a unity of purpose as a Nation.

Politician

Moskido — Sun, 14 Oct 2012 18:15:32 +0000

What Nigeria practising is it Democracy or Democrazy

Politician

Moskido — Wed, 10 Oct 2012 06:30:44 +0000

Why our politician, law dont hold them

abuja road.

Lynda — Sat, 29 Sep 2012 19:56:02 +0000

What is our government doing about that road? God!

Nnpc is in trouble

Oloyedesheyi — Sat, 22 Sep 2012 06:31:08 +0000

Nigerians were re we goin in dis country?

NIGERIAN CONSTITUTION

Rooseveltfranklindel — Wed, 15 Aug 2012 12:27:46 +0000

I, ROOSEVELT,FRANKLIN DELANO. BASD ON CHAPTA,3.SECTCION,28 & 29, wishes 2 RENOUNCE MY NIGN. CITIZENSHP, WITH EFFECT FRM SNCE,SEPT.08.2009. I'm happi 2 bcom a MEMBA OF NIGN. CONSTIUTIONAL FORUM.!

Traberlizim

Rilwankayarda — Tue, 21 Aug 2012 15:22:58 +0000

Trabalizym is useless

Nigeria don't have a good leaders

Galazyeghwrujak — Sat, 04 Aug 2012 01:38:00 +0000

A present leader who promise that he will bring truthful leadership to state by proclaiming that one man one vote fair and disappoint the south south leaders

Mr President; To declare asset or not to declare asset?

rouma — Mon, 25 Jun 2012 10:02:12 +0000

It was reported that the president said the words below in a Presidential media chat over the weekend, do you agree with him?

“You don’t need to declare assets publicly, otherwise you are playing to the gallery.You don’t need to publicly declare assets. That’s a matter of principle. If I have to declare publicly, it means every polictical office holder will have to declare publicly. And it is not the right thing to do. That is my belief."

“It is not the President’s declaration of assets that would change the economy. There are challenges security, power and revolutionising agriculture. These are areas we should be interested in . Whether Mr. Jonathan publicly declares his assets or not is not the issue.”

Personally, I don't agree with the president that declaration of assets is a matter of principle, on the contrary it is a legal mandate. Sec 11(1) of the code of conduct for public officers, Part 1, fifth schedule of the 1999 Constitution of the Federal Republic of Nigeria is clear and unambiguous on this point.

Presidency

Oroxis — Sun, 17 Jun 2012 10:41:48 +0000

What good has GED done for the country??