https://www.constitutionforall.com.ng/forum/index.php?p=/ Mon, 13 Apr 2026 19:03:39 +0000 en Nigerian Constitution Forum en https://www.constitutionforall.com.ng/forum/index.php?p=/discussion/1378/right-to-private-property-to-life-e-t-c Sun, 02 Jul 2017 09:30:38 +0000 Fundamental Human Rights Manyamidah 1378@/forum/index.php?p=/discussions https://www.constitutionforall.com.ng/forum/index.php?p=/discussion/1362/freedom-from-discrimination Thu, 20 Oct 2016 21:16:50 +0000 Fundamental Human Rights Manyamidah 1362@/forum/index.php?p=/discussions #maasalam ]]> https://www.constitutionforall.com.ng/forum/index.php?p=/discussion/1358/immunity-clause-is-the-way-of-abusing-power-in-some-arms-of-government-in-nigeria Wed, 13 Jul 2016 10:01:05 +0000 Fundamental Human Rights Manyamidah 1358@/forum/index.php?p=/discussions #maasalam ]]> https://www.constitutionforall.com.ng/forum/index.php?p=/discussion/1355/federal-character Sun, 12 Jun 2016 04:08:03 +0000 Fundamental Human Rights Manyamidah 1355@/forum/index.php?p=/discussions https://www.constitutionforall.com.ng/forum/index.php?p=/discussion/1354/changing-our-perspective Thu, 09 Jun 2016 16:12:46 +0000 General Manyamidah 1354@/forum/index.php?p=/discussions #maasalam ]]> https://www.constitutionforall.com.ng/forum/index.php?p=/discussion/80/can-nigerians-rise-up Fri, 15 Feb 2013 05:13:29 +0000 Fundamental Human Rights tobathid 80@/forum/index.php?p=/discussions https://www.constitutionforall.com.ng/forum/index.php?p=/discussion/934/boko-haram-issue Sat, 08 Aug 2015 11:25:53 +0000 General Santos 934@/forum/index.php?p=/discussions ]]> https://www.constitutionforall.com.ng/forum/index.php?p=/discussion/1279/permit Wed, 16 Mar 2016 15:37:10 +0000 Fundamental Human Rights Oluwajuwon 1279@/forum/index.php?p=/discussions https://www.constitutionforall.com.ng/forum/index.php?p=/discussion/1244/what-are-the-power-holding-companies-doing Sun, 28 Feb 2016 07:26:28 +0000 General Ojojo Gift Eric 1244@/forum/index.php?p=/discussions For the pass one week now we have not seen light in my area]]> https://www.constitutionforall.com.ng/forum/index.php?p=/discussion/1243/with-the-current-increase-in-price-of-everything Sun, 28 Feb 2016 07:14:09 +0000 General Ojojo Gift Eric 1243@/forum/index.php?p=/discussions https://www.constitutionforall.com.ng/forum/index.php?p=/discussion/1237/conspiracy Fri, 19 Feb 2016 21:58:12 +0000 General Manyamidah 1237@/forum/index.php?p=/discussions #maasalam ]]> https://www.constitutionforall.com.ng/forum/index.php?p=/discussion/1236/right Fri, 19 Feb 2016 21:48:49 +0000 Fundamental Human Rights Manyamidah 1236@/forum/index.php?p=/discussions #maasalam ]]> https://www.constitutionforall.com.ng/forum/index.php?p=/discussion/14/why-are-nigerians-not-patriotic Mon, 25 Jun 2012 09:54:26 +0000 Political Law rouma 14@/forum/index.php?p=/discussions https://www.constitutionforall.com.ng/forum/index.php?p=/discussion/1235/senior-nigerian-lawyer-rickey-tarfa-arraigned-floods-court-with-over-90-sans Thu, 18 Feb 2016 17:23:06 +0000 General Zubair Abubakar 1235@/forum/index.php?p=/discussions Mr. Tarfa pleaded not guilty to both counts.
Based on his plea, the prosecution counsel, Rotimi Oyedepo prayed the court for a trial date and to remand the defendant in custody.
However, Adeniyi Akintola, a Senior Advocate of Nigeria, SAN, who led a team of over 90 Senior Advocates and other lawyers to represent Mr. Tarfa, said they had filed an application for bail which he said was served on the prosecution on the 10th of February, 2016.
In his application for bail, the defence counsel told the court that the defendant went to court voluntarily and that he was granted administrative bail by EFCC on self-recognition.
He said the defendant was a very senior member of the bar with no criminal record. He said there was nothing to show that the defendant would jump bail.
However, prosecution counsel, Rotimi Oyedepo, urged the court to dismiss the application as the offence was grave. He urged the court to dismiss the application and order for an accelerated hearing.


Justice Opesanwo, in her ruling, granted bail to Mr. Tarfa on self-recognition but ordered that he must not travel out of the country without the permission of the court.
The trial judge bemoaned the number of counsel who were in court for the defendant. She noted that there was no need for such magnitude of support as it amounts to harassment and intimidation of the court.
Soon after the ruling, Mr. Akintola told the court that he had filed an application to quash the charge.
Mr. Rotimi responded that he had not been served. He was subsequently served by the defence counsel in open court.
Justice Opesanwo adjourned the matter to March 14, for hearing of the application to quash the charge while the substantive case was fixed for April 20, 2016 for trial.
Mr. Ricky Tarfa, SAN, is accused of willfully obstructing two officers of the EFCC, Moses Awolusi and Sanusi Mohammed from arresting Gnanhooue Sourou and Nazaire Odeste, who were suspected to have committed economic and financial crimes in contravention of Section 38(2) (a) of the EFCC Establishment Act of 2004.
Also, he is alleged to have engaged in improper communication with Justice M. Yunusa of the Federal High Court Lagos between May 11 and June 25, 2015 while the case between the EFCC and two others was pending before the judge.
Count 1:
“That You Rickey Tarfa (SAN) on or about the 5th day of February, 2016 in Lagos within the jurisdiction of this honourable court, wilfully obstructed Moses Awolusi and Sanusi Mohammed, authorized officer of Economic and Financial Crime Commission from arresting GNANHOUE SOUROU and NAZAIRE ODESTE who were reasonably suspected to have committed economic and financial crimes by keeping the said suspects in your car between 11.00 hours to 16: 30 hours”
Count 2:
“RICKEY TARFA (SAN) between 11th of May and 25th of June, 2015 in Lagos, within the jurisdiction of this honourable court attempted to pervert the course of justice by communicating with Hon. Justice M.N. Yunusa of the Federal High Court through your mobile Telephone No. 08034600000 whilst suit No: FHC/L/CS/715/2015 between Rana Prestige Industries Nigeria and EFCC and Suit No: FHC/L/CS/716 between Hair Prestige Manufacturing Nigeria and EFCC filed by you on behalf of the applicants in the two suits seeking to retrain the commission from performing its statutory duties were pending before the said judge”.

http://www.premiumtimesng.com/news/headlines/198546-senior-nigerian-lawyer-rickey-tarfa-arraigned-floods-court-90-sans-lawyers.html]]> https://www.constitutionforall.com.ng/forum/index.php?p=/discussion/1232/meaning-and-legal-basis-of-a-preamble-to-a-constitution Tue, 16 Feb 2016 19:53:26 +0000 Constitution Review muhd_shhid 1232@/forum/index.php?p=/discussions https://www.constitutionforall.com.ng/forum/index.php?p=/discussion/1231/the-preamble Tue, 16 Feb 2016 19:50:36 +0000 Constitution Review muhd_shhid 1231@/forum/index.php?p=/discussions https://www.constitutionforall.com.ng/forum/index.php?p=/discussion/831/is-buhari-constitutionally-qualified-to-run-for-the-2015-presidential-election Wed, 21 Jan 2015 16:09:55 +0000 Political Law Zubair Abubakar 831@/forum/index.php?p=/discussions
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.]]> https://www.constitutionforall.com.ng/forum/index.php?p=/discussion/931/can-there-really-be-any-change-in-this-country Sun, 19 Jul 2015 18:37:58 +0000 Political Law mikky 931@/forum/index.php?p=/discussions https://www.constitutionforall.com.ng/forum/index.php?p=/discussion/1229/security Wed, 10 Feb 2016 15:46:59 +0000 Fundamental Human Rights Sshuwa90 1229@/forum/index.php?p=/discussions Why up to now nigerian chibok girls not found by the militaries?]]> https://www.constitutionforall.com.ng/forum/index.php?p=/discussion/1185/peace Sat, 16 Jan 2016 07:47:40 +0000 General Adekunlegold 1185@/forum/index.php?p=/discussions https://www.constitutionforall.com.ng/forum/index.php?p=/discussion/1101/legal-implications-of-audu-abubakar-s-death-festus-keyamo Mon, 23 Nov 2015 16:33:33 +0000 Political Law Zubair Abubakar 1101@/forum/index.php?p=/discussions
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?]]> https://www.constitutionforall.com.ng/forum/index.php?p=/discussion/883/the-mass-media-and-nigerian-election Sat, 11 Apr 2015 00:11:13 +0000 Political Law Dunamis50 883@/forum/index.php?p=/discussions Please, I would like to know where the duties played by the mass media during election is written in the constitution.
Thank you
]]> https://www.constitutionforall.com.ng/forum/index.php?p=/discussion/1181/support-new-nigeria Fri, 08 Jan 2016 14:27:34 +0000 General SULAZO 1181@/forum/index.php?p=/discussions
new Nigeria is possible. Good one]]> https://www.constitutionforall.com.ng/forum/index.php?p=/discussion/22/mr-precident Wed, 18 Jul 2012 01:55:40 +0000 Political Law Aladekolawole 22@/forum/index.php?p=/discussions https://www.constitutionforall.com.ng/forum/index.php?p=/discussion/72/nigerian-constitution Tue, 25 Dec 2012 12:16:41 +0000 Political Law Rooseveltfranklindel 72@/forum/index.php?p=/discussions ways. Nig. Is leading to destruction. I think thus.!]]> https://www.constitutionforall.com.ng/forum/index.php?p=/discussion/100/do-we-have-laws-in-this-country Tue, 16 Apr 2013 02:35:20 +0000 General BigJoe 100@/forum/index.php?p=/discussions https://www.constitutionforall.com.ng/forum/index.php?p=/discussion/885/law-is-it-ment-for-evey-citizens Wed, 15 Apr 2015 15:21:35 +0000 General 09023023622 885@/forum/index.php?p=/discussions https://www.constitutionforall.com.ng/forum/index.php?p=/discussion/1099/kogi-election Sun, 22 Nov 2015 20:14:46 +0000 General pope_fizzy 1099@/forum/index.php?p=/discussions @check chapter 3(6)nigeria constitution,]]> https://www.constitutionforall.com.ng/forum/index.php?p=/discussion/987/cash-refund Mon, 19 Oct 2015 16:05:46 +0000 Fundamental Human Rights joet 987@/forum/index.php?p=/discussions ]]>