Showing posts with label Constitution of Nigeria. Show all posts
Showing posts with label Constitution of Nigeria. Show all posts

Tuesday, October 24, 2023

Killing Nigerian Economy And Killing Nigerians!

 By Kenneth Okonkwo

John Locke was a renowned human rights activist of the natural law school of thought. He wrote that certain rights, self-evidently, pertain to individuals by virtue of their being human beings. In his words, man entered into a social contract by which he surrendered to the sovereign, not his rights, but only the power to preserve order and enforce the human rights of man. The individual retained the natural rights to life, liberty, and property for these were the natural and inalienable rights of man.

According to him, the purpose of government is the preservation of the lives, liberties and possessions of members of society. He warned that as long as government fulfills this purpose, its law should be binding. When it ceases to protect or begins to encroach on these natural rights, laws lose their validity and the government loses its legitimacy.

Thursday, May 4, 2023

Constitutional Interpretation: Nigeria’s Democracy Is On Tenterhooks

 By Olu Fasan

In just over three weeks, on May 29, Bola Tinubu will be inaugurated as President and Commander-in-Chief of the Federal Republic of Nigeria. Yet, in parallel, election petitions seeking to nullify his declaration as winner of this year’s presidential poll are earnestly afoot. Given that the petitions won’t be determined before May 29, a sword of Damocles, in the form of his removal from power, potentially hangs over Tinubu’s head. Theoretically, that’s a possibility; otherwise, what’s the point of the presidential election petitions?

The 1999 Constitution, under section 239(1), allows the Court of Appeal and, ultimately, the Supreme Court to determine whether someone has been validly elected as president; the Electoral Act 2022, under section 136(1), requires the court to nullify the election of someone not duly elected as president. Thus, constitutionally, Tinubu’s election as president could eventually be nullified, however long it takes to determine the petitions. But that’s theoretical.