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Apr 5 8 tweets 2 min read Twitter logo Read on Twitter
#FAQs

Q. When does a president-elect become president?

A. Until he has declared his assets and liabilities and has taken the oath of office and allegiance. Section 140(1) CFRN 1999
Q. Who administers the oath on the president?

A. The Chief Justice of Nigeria

See Section 140(2) CFRN 1999

Q. If a president-elect is unable to take oath for WHATEVER REASON, what happens?

A. Vice-President IS SWORN INTO OFFICE
See Section 136(1) CFRN 1999
Q. If the vice-president elect is sworn into office as President, who then becomes the vice president?

A. The President nominates and appoints a vice president who'll be approved by a simple majority of the joint sitting of NASS.

See Section 136 (1) & (2) CFRN 1999
Q. Can the president-elect who's unable to take oath in Nigeria be sworn in from abroad?

A. No. Section 11 of the Oaths Act only prescribe that oath REQUIRED FOR ANY COURT or FOR THE PURPOSE OF REGISTRATION OF AN INSTRUMENT be made abroad.
Q. What happens if the president-elect and vice president-elect die or are unable for ANY REASON WHATSOEVER to assume office before the inauguration of NASS before they are sworn into office?

A. INEC SHALL conduct fresh election
Q. Can you intimidate or overawe the president-elect & be tried for treason or treasonable felony?

A. No. The president-elect having not taken the oath or declared his assets doesn't come within the meaning of President under S.35 Criminal Code; SS 135, 136 & 140 CFRN 1999
Q. Does calling on CJN not to administer oath on the president-elect constitute the offence of treason?

A. No. By the principle of cogitationis poenam nemo patitur, no person can be punished for mere intent, or for what he is thinking, or for an un-executed intention.
Good morning from the sanctum sanctorum of the shrine

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More from @AbdulMahmud01

Apr 5
People - with their mouths filled with corn - who insulted OBJ for endorsing Obi are asking G.O to respect elders who today have abandoned their past. Wow. Hypocrites.
G.O respects age; but he has greater respect for those who maintain fidelity to the ideals of their youths. Struggles have provenance; and those who, in spite of age, keep the origins of all struggles pure are my heroes. Needless to abuse the new generations who take the baton
The struggle for freedom is the struggle against the chain of oppression. Every generation's duty is to break the chain at its weakest link. Why condemn a generation that's breaking its bits of the historical chain of oppression in its own time?
Read 7 tweets
Apr 4
What's treason?

Section 37(1) & (2) Criminal Code:

"(1) Any person who levies war against the State, in order to intimidate or overawe the President or the Governor of a State, is guilty of treason, and is liable to the punishment of death.
[L.N. 112 of 1964. 1967 No. 27.]
(2) Any person conspiring with any person, either within or without Nigeria, to levy war against the State with intent to cause such levying of war as would be treason if committed by a citizen of Nigeria, is guilty of treason and is liable to the punishment of death:
Provided that nothing in this section shall prevent any act from being treason which is so by the laws of England as in force in Nigeria".

Any act performed in furtherance of treason is treasonable felony
Read 10 tweets
Apr 3
Lawyers end up not defending anything because INEC Memorandum of Engagement demands they stay neutral. At least, that was the situation when I did a few petitions for INEC in 2019. The two SANs who represented INEC in Adeleke's recent appeal in the CoA didn't file any reply.
So, they'll paying millions to SANs as appearance fees, really.
INEC's lawyer... Image
Read 4 tweets
Apr 1
Just caught up on the news of the purported "hijack" of an craft by an "Obidient". Having watched the video, I find the entire saga inconceivable. Except it is an "arrangee", the saga doesn't fit into an hijack. Was the plane hijacked on the tarmac, take-off, or mid-air?
Were incendiary devices or explosives found on the person of the "hijacker"?

Questions seeking answers.
Hope we are not back to the Abacha years when bombs were planted on streets and prominent activists killed by rogue elements within the military government - just to establish pretext for arresting citizens of conscience.
Read 4 tweets
Mar 31
Aunty Oby: As Staff Attorney and later Head of Legal Services, CLO, I worked under Olisa - as is Chidi, my predecessor as Head of Legal - I know the deep pain and revulsion for the nonsense the judiciary has be become that he feels.
Four weeks ago at the Carleton University's Roundtable on Nigeria, I describe the nonsense as judicial pandemic - the judicial race to the bottom of low perception, with prevalence in all levels of our courts: from the Customary Court to the Supreme Court.
The pandemic manifests in five dimensions: quality of judges and justices, integrity, efficiency, corruption, accessibility and fairness. And it is these dimensions that Olisa spoke to when he said that in the application of facts and law, lawyers don't know what the outcomes of
Read 5 tweets
Mar 22
"OR for ANY OTHER OFFENCE imposed on him BY ANY COURT"
- Section 137(1)(d) CFRN 1999.

What's forfeiture?

Forfeiture is "payment to a sovereign as punishment for some offense...
- US Supreme Court in Austin v US (1993)
ANY OTHER OFFENCE - Meaning?
"ANY OTHER OFFENCE" is an omnibus phrase which covers offences not named in Section 137(1)(d) CFRN 1999.
The phrase is like the Lagos Molue, or the London Clampham Omnibus, which admits driver, conductor, reasonable & unreasonable passengers
OFFENCE - Meaning?

ACT or OMISSION which renders the person doing the ACT or making the OMISSION liable to PUNISHMENT... under any Act, or law, is called an OFFENCE.
Read 5 tweets

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