The president has no constitutional mandate to probe corruption (Opinion by Obi Nwakanma)

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Nowa Omoigui

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Jul 2, 2016, 9:58:24 PM7/2/16
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The president has no constitutional mandate to probe corruption

 
 
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The president has no constitutional mandate to probe cor...
Let us think of the Deputy President of the Nigerian Senate as, like a co-pilot. His hands are on the same lever with the president of the senate, navigating the na...
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afis 'Deinde

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Jul 3, 2016, 2:03:36 AM7/3/16
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That dumb ass Obi Nwakanma, they are trying to destroy Nigeria just as his grandfathers and fathers started the Uncivil war.

Shikena 
Afis
“Just as a solid rock is not shaken by the storm, even so the wise are not affected by praise or blame.” — Dhamapada, verse 81.

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beno...@hotmail.com

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Jul 3, 2016, 3:10:41 AM7/3/16
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This is part of corruption fighting back. I'm sure that President Buhari do not have the constitutional power to go to bed. What an unintelligent opinion.

Ben Osawe

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Jul 3, 2016, 3:10:44 AM7/3/16
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This is part of corruption fighting back. I'm sure that President Buhari do not have the constitutional power to go to bed. What an unintelligent opinion.

Ben Osawe

On Jul 3, 2016 7:03 AM, afis 'Deinde <odide...@gmail.com> wrote:

Ayo Ojutalayo

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Jul 3, 2016, 5:40:22 AM7/3/16
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PMB was elected on the platform of fighting corruption. He and his Vice are the only elected officials whose constituency was/is the whole country. All the government agencies responsible for ensuring probity report to him through his various political appointees, and someone said he, PMB, has no constitutional right to fight corruption? Lord have mercy!

Okoi Ofem Obono-Obla

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Jul 3, 2016, 6:35:17 AM7/3/16
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Ayo, anybody who contend that the President has no constitutional Mandate to fight corruption is talking poppy cock! The problem with some of us is that we like stray into everything under the sun just to show off. Why should somebody who doesn't know the mechanics and intricacies of constitutional law dabble into such arcane area even to lawyers? The President is the Head of State and Head of Government. Indeed he is Chief Executive of the Federation vested with a compendium of executive authority, so why will anybody suggest that fighting corruption is outside his constitutional purview! Remember, when Obasanjo established the ICPC, some State Governors challenged the powers of the Federal Government to set up such a Commission, the Supreme Court overruled them. Ditto, for EFCC some State Governors challenged the constitutional competence of the Federal Government to set up the Commission, again the Supreme Court overruled them! Both the Chairmen of the ICPC and EFCC respectively are appointees of Mr President, so why will anybody suggest that President cannot fight corruption!    

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Subject: Re: [africanworldforum] The president has no constitutional mandate to probe corruption (Opinion by Obi Nwakanma)

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Wharfery Snake

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Jul 3, 2016, 8:37:07 AM7/3/16
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Alagba Afis,

Did you read the piece by Prof. Nwakanma? I don't think you read because if you did there wouldn't be any need for the tohubohu. 

I will like to add to the piece by pointing out that Ike Ekweremadu, the senate deputy president is an imbecile. in fact a compound fool is on a higher totem pole than the foolish Ekweremadu 

WS - A revered prince of Mushin.

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Otitigbe Obadiah Oghoerore Alegbe PhD

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Jul 3, 2016, 2:31:30 PM7/3/16
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It is the work of the courts.

Otitigbe.

Joe Attueyi

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Africans are really funny people. These comments are indications that these folks did not actually read the article itself. Just reacting to the headline 

No wonder some say if you want to hide something from the black man put it in writing

Joe

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Afis Deinde

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Jul 3, 2016, 2:56:28 PM7/3/16
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"This is part of corruption fighting back. I'm sure that President Buhari do not have the constitutional power to go to bed. What an unintelligent opinion."......Ben Osawe


Obi Nwakanma is supposedly the most articulate among Mumuigbos, but he is not that wise, just a good writer.
Lies like all Inyanmurai.

Afis
“Just as a solid rock is not shaken by the storm, even so the wise are not affected by praise or blame.” — Dhamapada, verse 81.

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Ezeana Igirigi Achusim

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Nwadiana:

The first thing they do is peep to see if the post is by an Igbo. As a reflex action they go on the attack without reading anything. If it is by Igbo, it has to be bad. And you wonder why I insist that Igbo hold the keys to their happiness. And they are not about to find any happiness until Igbo say so. And Igbo will not say so until the natives behave. 

And I am

Ezeana Igirigi Achusim
Odi-Isaa
Nwa Dim Orioha AkA Onyeukwu 

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Ezeana Igirigi Achusim

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Oga:

The last time I checked, Nwakama is Igbo. In any language, he could never make sense to the certified Igbo haters. 


And I am

Ezeana Igirigi Achusim
Odi-Isaa
Nwa Dim Orioha AkA Onyeukwu 

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On Jul 3, 2016, at 5:39 PM, Daniel Akusobi <daku...@gmail.com> wrote:

Joe,
For your information, that article by Nwakama 
is not written in English nor French. Every letter 
in it is in Spanish, the kind spoken in Panya.
Moving on :
Did you read the article as presented by Obi?
I sent it to goooogle translate and it came up 
as something in English language a grade school 
graduate could read and can understand.
Obi emphasized the power to probe 
anybody according to the verses of 
the Spanish, sorry , the NIGERIAN constitution 
he referenced is bestowed SOULY  on the 
legislative body
who may choose to let the auditor general do it
on their behalf. I think I read too, the senate
 leadership has no business answering to 
the president or any 
courts of the land on some issues concerning 
misconducts by any legislature or the body. 
Unless I took my
other brain to the post, Obi clearly stated that Buhari
has no business seeking out on people that raked
the country dry. That if it is necessary, Obi alluded,
it is the legislators that have such a constitutional 
obligations.  I cannot say he is right in stating the 
legislative body in a democracy or their laws is 
absolute and not subject to interference by 
the executive or the judiciary.
What I have observed in the USA is the president
can refuse to sign a law by the legislators , 
as such making it 
unenforceable, and even at that, the Justiciary 
can annul a legislation signed into law.
So the interdependency of the 3 arms of the 
government is right there well established. They need
each other for their  respective remarkable success
and comfort in their respective processes.

The issue here is: does Buhari have the right as the 
father of the nation to sweep his house and make 
it governable, the way he feels fit and reasonable?
Is he doing it for fear no one else knows it is necessary
to block all the loopholes that devastate our payrolls
and recover our monies in other people's wallets?.
What about thinking something must be done to curb 
corruption? Can we trust the federal houses can be 
trusted to take up the issue of bringing our corrupt officials to book if suggested by the president ?
My belief is the president has a mandate to use his 
powers to make his administration more manageable
and restore confidence in the polity. One way he has 
shown he does is catching our thieves and forcing 
some to voluntarily confess and return some
of their loots. This is good for our confidence and
hope for a newer Nigeria. Let the experts say he 
has no such right and watch how mad and 
disappointing such a challenge would be for all of
us that chose Buh over Jonah because we knew 
he can, he can make our thieves pay us back.

Let's bring this issue of who has the right to demand
for accountability despite the wordings of the 
constitution back into common sense.
A family like I did with mine, decides to treat the kids
on pizza. Daddy dishes out the money for the pizza
and one of the kids went for it. It was $50 single 
dollar bill. The boy returns with the right or more 
pizza than agreed. Now who has the right to demand 
for change ( balance ) on the money spent on the Pizza?
In my own case, I did and feel it was my 
my responsibility as the head of the family and the 
person who sent the boy and also gave him the 
family money for it.
The entire family constituted my family legislative
assembly. By bedtime causal gathering of the family,
I announced how I enjoyed seeing them devour the 
Pizza and how honest the boy was in returning all
the change and doing the job well. 
My feeling is since the executive is the messenger,
the head of the messengers should be the first
to request accountability on delivered messages 
and try to rectify any discrepancies before presenting 
a final report to the law makers that determine what
and how much should be spent. Note please; the 
most of law book I have read or known is from 
court TV, so don't kill me if I have messed up
your sense of what you read in your law or political 
science thesis. Lol. 

I do not know how you want a Senate that does not
seem to have read the constitution nor willing
to understand it and who are in effect, as can be 
proven by their history, aiding corruption to
police itself.
Obi's article is an eye opener to the barrage of
idle SAN's and that Igbo lawyer seeking to wish 
Buhari  away, on grounds he has no WASC diploma as 
he, Buhari, originally claimed.
I wish that lawyer had known to sue Nigeria
for letting Saraki remain the president of the Senate
after allegations of gross misconduct and thievery 
while a governor of Kwara state.
The major problems our politicians especially the
legislatures have is they do not know their rights.
They should have sued Buhari for hunting on their 
present and former colleagues and others suspected
to have duped us, or hire that brave Igbo 
lawyer do it for them if Nwakama 
is right and had schooled them earlier on their rights
and responsibilities. They won't know a thing about
their rights because they are mostly there for resume 
and eyes on what they can grab.

Ekweremadu has sadly made himself an arse hole
for calling for the recolonization of Nigeria by
same white people some have accused of forcing
Oils to marry water with their amalgamation process.

If he knew Nigeria is an independent nation, and 
of his powers as a senator, and if he respects his
native constituency , he would not have 
ran to the UN and
US and UK and EU with such a small domestic 
problem. Those people did not make him a NIGERIAN
Senator he is, unless he is unveiling a secret we don't 
know.
I wound not doubt if one day we read some 
foreign parliamentarians were brought over
 to cast votes  in NIGERIAN legislative assemblies 
since Ekweremadu has proven foreign governments
own his brain and that of his peers.

Do we blame Trump for saying Africa , no African 
nation was ready for self rule and recommended 
another 100 and more years of recolonization of most
of African nations .
I recommend Ekweremadu be recalled home and
flogged on his bare arse for disgracing his people 
and Nigeria at large with such a call for foreign 
intervention in our little power tussle between the 
legislative and executive arms. 
If he and Saraki really forged some documents, and 
it is proven, they should go in for it same way we
expect a poor job seeker without a pass in WASC
but forged a passing grade so he can be hired would
be treated.

Dan



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Wharfery Snake

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Lol... I pointed that out to Alagba Afis earlier today too. I am sure he didn't read it.

WS - A revered prince of Mushin.

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Ayo Ojutalayo

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"Perhaps I should outline this basically by saying that the president’s actions, for instance, in these anti-corruption probes, usurps the power of the legislature. President Buhari has no mandate to probe corruption or misuse of public funds. The only institution mandated by the constitution to probe any person or any institution of government is the National Assembly and the various Houses of Assembly. " . . . . . Obi Nwakanma

Joe the pastor,

Above is exactly what the headline summarizes, and that is what your "Africans are really funny people" is about. There is no doubt that you are the one that is funny because the reactions address the content of the article.

Ayo Ojutalayo

“The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy. ” . . . Martin Luther King Jr



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Subject: Re: [africanworldforum] The president has no constitutional mandate to probe corruption (Opinion by Obi Nwakanma)

Okoi Ofem Obono-Obla

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It is nothing but poppy cock! The President is the Chief Executive of the Federation! He appoints the Chief of the Police,‎ICPC,EFCC,Code of Conduct etc  involved in fighting corruption and somebody says the President has no constitutional Mandate to fight corruption! 

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From: 'Ayo Ojutalayo' via AfricanWorldForum
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Subject: [africanworldforum] Re: The president has no constitutional mandate to probe corruption (Opinion by Obi Nwakanma)

afis 'Deinde

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Jul 4, 2016, 2:55:03 AM7/4/16
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Oh yes I did. I just read further meaning into it per Nwakanma's hidden Biafran agenda. 
That's my honest opinion.
Obi Nwakanma has shown he holds Igbo pride highest than Naija pride or any other, thru his demonstration of "Igbo-better-than-all", which I have read many times on this forum. I don't trust him, so I verified.

This is my understanding of his outbursts:
It is not about what was done but who it was done to. 
Nwakanma did not like the idea that Ekwerenmadu could not deal with Buhari and put him in his place as just a mere figure head since as Nwakanma states: "The President is a servant of the elected, and constituted National Assembly."
In his tribal view, why not just impeach Buhari?
Ekwerenmadu as co-pilot, has as much power as Saraki, why not use it? 
That Ekwerenmadu an igbo could let a Fulani (a Gworo eater) to take him to court, and appeared in court, that was a let down to his Igbos, and Nwakanma is now letting him have it.
Nwakanma is pushing Ekwerenmadu to confront and fight President Buhari. Why?  
For Buhari daring to humiliate an igbo.

I wonder why Saraki's name, when mentioned, appeared after Ekwerenmadu's name in the whole tribalistic write up?
Nwakanma's whole focus until the end of the page is all about Ekwerenmadu, an Igbo. 

This is how Obi Nwakanma begins his familiar Igbo pomposity: "Let us think of the Deputy President of the Nigerian Senate as, like a co-pilot. His hands are on the same lever with the president of the senate, navigating the nation through the storms of nation-build. That is right: nation-building does not happen at the executive office, it happens in the chambers of the nation’s legislative houses."......End.

Read more at: http://www.vanguardngr.com/2016/07/president-no-constitutional-mandate-probe-corruption/
******

Nope, the Senate is not run by co-pilots, and the hands of the senate president and his deputy are not on the same lever, when the president is there to chair.
The Executive branch is not run by co-pilots.
The deputy president is only alive when the president of any of the branches is not around.
In his usual Tribal superiority delusions, Nwakanma arrogated power that is not in the constitution to his Tribesman, he consequently becomes Lady Macbeth blowing up Ekwerenmadu's ego. 
That's why I stated Nwakanma is heading where his grandfathers and father's led the Slaughtered Igbos.

Obi Nwakanma further states: "Perhaps I should outline this basically by saying that the president’s actions, for instance, in these anti-corruption probes, usurps the power of the legislature. President has no mandate to probe corruption or misuse of public funds.".......Nwakanma.

Read more at: http://www.vanguardngr.com/2016/07/president-no-constitutional-mandate-probe-corruption/


*********

Baba Wharfy, does that sound right to you?
Not to me. 
And don't let the constitutional gimmicks he cited, don't let it fool you, that's just smokescreens to cover his true tribal intentions.
How can any knowledgeable man throw out such generalized opinion?
He's not stupid, he's just full of tricks. But his tricks are too transparent and fool no one except his Igbos.
Why not just disband EFCC?
Why not just let the Thieves, the fraudsters roam the streets, since the "President" or the Executive branch has no power to probe corruption or forgery or whatever.

I read the whole crapola, Baba Wharfy, I just don't accept his tribal take. 
In all his tribal assertions, Nwakanma is deliberative, and is firmly conclusive, without any ambiguity.  That he uses the word "President" means the same as the Executive branch his dubiousness notwithstanding.........he specifically accuses the executive arm of government of usurping legislative powers in probing corruption, in making arrests on those who embezzled public funds. 
Again Nwakanma is playing games that may cause Igbos great pain in the future.
The word "probe" he uses, conveniently replaces  "police investigations". 
Nwakanma cannot argue that the police can't "probe" embezzlement of public funds, so he replaces police and put in "president", and insert "probe" instead of criminal investigations.
It sounds more of a dictator when he says the president "usurps the power of blah and blah".
Who's he fooling?
Maybe his Igbos, not Afis.

Shikena 

Afis
“Just as a solid rock is not shaken by the storm, even so the wise are not affected by praise or blame.” — Dhamapada, verse 81.

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Wharfery Snake

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Okoi,

If the Senate does not confirm these appointments would they still remain in office?  

WS - A revered prince of Mushin.

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Ayo Ojutalayo

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Canice,

One does not need to be a lawyer to know that
  • forgery is a crime
  • no one is above the law
  • the Constitution provides for the Police to investigate allegations of crime and the Ministry of Justice to prosecute
  • for allegation of crime, Saraki, his deputy and two civil servants working for the Senate were investigated by the Police, and are being prosecuted by the Ministry of Justice
  • it is improper for a party being prosecuted for crime to directly or indirectly intimidate the Prosecutors
  • it is improper for Senate to intimidate Prosecutors because its leaders are being prosecuted for alleged crimes committed in their individual capacities.
It is not rocket science that the fact that the Senate confirmed the appointment of a political appointee is no excuse for the political appointee not to carry out his/her constitutional responsibilities when Senators are at the receiving end. 

Ayo Ojutalayo

“The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy. ” . . . Martin Luther King Jr



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Subject: Re: [africanworldforum] Re: The president has no constitutional mandate to probe corruption (Opinion by Obi Nwakanma)

Wilson Iguade

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Quote
"Perhaps I should outline this basically by saying that the president’s actions, for instance, in these anti-corruption probes, usurps the power of the legislature. President Buhari has no mandate to probe corruption or misuse of public funds. The only institution mandated by the constitution to probe any person or any institution of government is the National Assembly and the various Houses of Assembly. " . . . . . Obi Nwakanma
Unquote

Rastafarian Dude,

Were you under ganja influence when you spew such poppycock? Truly that statement is not even bullshit, because sometimes bullshit is right, that statement is just plain ignorant and completely, yes completely WRONG.

If your point is that the electorate did not give Buhari any mandate based on the votes received, that will be a different point and one to which I would agree. However, if you are talking constitutional powers. It is the Executive Branch that investigates and prosecute. 

Wow! Rastafarian dude, Obi Nwakanma, am surprised at you - based on how much you licked on Buhari's ass during the election campaign and to go to the other extreme of misinformation is mind boggling. 

Please stop smoking on your Ganja or when you do, which is legal in some states in the USA, just don't fucking post shit to the fora and get gullible minds to break. Got it! 

I hope, ya'all stay tuned! Iguade


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Wilson Iguade

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They can if the constitution allows for recess appoints 

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Wharfery Snake

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Ayo,

You seem to lack comprehension of the English language and/or ignorant of the discussion at hand. Please read Okoi's contribution below which I responded to and you will realize that your off-the-cuff response was out of place.


WS - A revered prince of Mushin.

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Ayo Ojutalayo

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Canice, Mr Comprehension,

You probably did not read the last paragraph of what I wrote! No wonder Joe Attueyi said black people are too lazy to read.

Rex Marinus

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"88. (1) Subject to the provisions of this Constitution, each House of the National Assembly shall have power by resolution published in its journal or in the Official Gazette of the Government of the Federation to direct or cause to be directed investigation into -

(a) any matter or thing with respect to which it has power to make laws, and

(b) the conduct of affairs of any person, authority, ministry or government department charged, or intended to be charged, with the duty of or responsibility for -

(i) executing or administering laws enacted by National Assembly, and

(ii) disbursing or administering moneys appropriated or to be appropriated by the National Assembly.

(2) The powers conferred on the National Assembly under the provisions of this section are exercisable only for the purpose of enabling it to -

(a) make laws with respect to any matter within its legislative competence and correct any defects in existing laws; and

(b) expose corruption, inefficiency or waste in the execution or administration of laws within its legislative competence and in the disbursement or administration of funds appropriated by it.

89. (1) For the purposes of any investigation under section 88 of this Constitutional and subject to the provisions thereof, the Senate or the House of Representatives or a committee appointed in accordance with section 62 of this Constitution shall have power to -

(a) procure all such evidence, written or oral, direct or circumstantial, as it may think necessary or desirable, and examine all persons as witnesses whose evidence may be material or relevant to the subject matter;

(b) require such evidence to be given on oath;

(c) summon any person in Nigeria to give evidence at any place or produce any document or other thing in his possession or under his control, and examine him as a witness and require him to produce any document or other thing in his possession or under his control, subject to all just exceptions; and

(d) issue a warrant to compel the attendance of any person who, after having been summoned to attend, fails, refuses or neglects to do so and does not excuse such failure, refusal or neglect to the satisfaction of the House or the committee in question, and order him to pay all costs which may have been occasioned in compelling his attendance or by reason of his failure, refusal or neglect to obey the summons, and also to impose such fine as may be prescribed for any such failure, refused or neglect; and any fine so imposed shall be recoverable in the same manner as a fine imposed by a court of law.

(2) A summons or warrant issued under this section may be served or executed by any member of the Nigeria Police Force or by any person authorised in that behalf by the President of the Senate or the Speaker of the House of Representatives, as the case may require."

- Constitution of the Federal Republic of Nigeria


I'm sad to say that Okoi has demonstrated in his response, a profound ignorance of the constitution of the federation of Nigeria, and the principles of the separation of powers that anybody who took a class in High school government ought to know. Legal training is one thing, but if it precludes ignorance of the civic process of the land, and the philosophy of its government, then I have the right to question the quality of legal training that says because the president appoints  the heads of the statutory departments of the state that deal with law enforcement, that therefore gives the president the power to carry out both legislative and judicial functions. First, the laws establishing these bodies is an Act of the National Assembly, and the authority granted them is by leave of such an act. The National Assembly has the power to abrogate and defund such agencies by its powers of amendment, and as a matter of fact, redirect the issuing authority that superintends such bodies, through their power to (a) determine its means of funding, and (b) its powers to determine their uses in law. In any case, the president does not have SOLE authority in appointing, say, the Inspector-General of the Nigerian Police, he does so on "advise" of the Police Council, who may or may not agree with the presidents appointments, in which case, anybody appointed by the president without satisfying that constitutional requirement cannot be deemed to hold a legitimate position. This is the law as defined by the constitution. But I'd like to refer people to the constitutional provisions excerpted above.


The constitution of Nigeria is so very unambiguous in defining who has the power to investigate any arm of the state. The judicial committee of the National Assembly has absolute supervisory authority over the Attorney-General, whom it can summon, and whose office it may, subject to the legislative power granted the National Assembly, either impeach, abrogate, or defund, irrespective of the appointive power of the president. The constitution of the republic is clear that the National Assembly can summon any body, including the president before it, question him, and if they find him guilty of "gross misconduct" impeach him by a two-third majority. The Constitution is unambiguous in the fact that the President of senate or the Speaker of the HOR may issue a warrant to ANY member of the police Force, or any person authorized in that regard by these officers of the Legislature, including presumably a bounty hunter sworn to become a law office pro tem by a justice of the peace, to serve a warrant on anybody, including the president to appear before it. The power therefore to issue orders to the police does not reside alone in the office of the president, and may even be countermanded, by a simple declaration of the National Assembly. But specifically, the Act of the federation establishing the office of the president is clear: there is no where in the constitution that grants the president his powers which includes in the exercise of such powers, the power to investigate, and compel the probing of the finances of any department of government. It is not a constitutional mandate of the president or the Attorney General. It is the clear constitutional mandate of the National Assembly. The mandate of the president is to execute the laws as is. The constitution established the office of the Auditor-General to REPORT possible corruption in government. Such report is duly passed to the NA which immediately begins a probe of government, including a probe of the office of the president as the case may be. Failure to do this is one of the central failures of the Nigerian parliament since the return to constitutional rule.


The President and his Attorney General are required only to, following any resolutions of the NA commence prosecution of all corruptions, after due and diligent investigation before the courts. What are the standing functions of these law enforcement institutions? It is simply, to comply with the Acts of the National Assembly that established them in the first place which include (a) identifying crimes (b) anticipating the commission of crimes, and (c) securing the state against the breakdown of laws as a result of crimes, and (d) providing the evidence on behalf of the state before the courts of the land to punish crimes. Crimes covered under the Code of Conduct for public officers are also to be investigated and punished, and such punishment includes crimes committed by members of the National Assembly, including the crimes of bribery, possible, treason, and so on, covered under the criminal code, after their investigation be the ethics committees of the Senate or House. But no legislator can be arrested for debates and actions conducted in the Chambers of the Parliament, in so far as those acts, pertain to legislative function. But a president can be impeached and arrested by the order of the National Assembly. I am actually frequently embarrassed by the terrible ignorance of many a Nigerian purportedly educated, but who has never bothered to read the constitution, or who have no idea how the basic institutions of government interact and function under democracies. There are many legislators who do not understand the basic language of the constitution, and many who have never read it, and there are many still, among purportedly "educated" Nigerians who huff-and-puff about good governance, but whose limited knowledge of the process of civil governance is beneath the abilities of my Terrier.  Damn! Read folks! It is not too much to ask before engaging in public discussions.

Obi Nwakanma







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Subject: Re: Ayo Ojutalayo: Re: The president has no constitutional mandate to probe corruption (Opinion by Obi Nwakanma)
 

Wilson Iguade

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Subject: Re: Ayo Ojutalayo: Re: The president has no constitutional mandate to probe corruption (Opinion by Obi Nwakanma)
Date: Mon, 4 Jul 2016 20:27:58 +0000
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Rex Marinus

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Maybe you should cite the portion of the constitution that gives investigative powers to the president.




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Subject: RE: Ayo Ojutalayo: Re: The president has no constitutional mandate to probe corruption (Opinion by Obi Nwakanma)
 

Okoi Ofem Obono-Obla

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This is the mistake people who arrogate some much to themselves even though they do not know what they pontificate about! The oversight jurisdiction of the National Assembly does not extend to the prosecutorial powers of the Attorney-General of the Federation as vested on him by Section 174 subsection 1 of the Constitution to institute criminal proceedings against any body in any Court in Nigeria for the infraction of any offence created by an Act of the National Assembly. The Attorney General of the Federation while exercising this power is a law unto himself ; he is a master unto himself. The power of the Attorney-General of the Federation is unquestionable and cannot be review by any person or authority or even the Court. The Attorney General of the Federation while exercising this power is not answerable to anybody or authority. See State versus Ilori. Obi Nwakanma please read below to see the limitations in the power vested on the National Assembly by Sections 88 and 89 of the Constitution thus:.

THE LIMITS OF THE OVERSIGHT JURISDICTION OF THE NATIONAL ASSSEMBLY: AN APPRAISAL
One of the hall marks of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) is the entrenchment of the doctrine of separation of powers. 
The Constitution especially in Section 4, 5, 6 thereof entrenched and separated the three branches of government namely the Legislature, Executive and Judiciary. 
For the purposes of clarity and emphasis I shall reproduce Section 4, 5, 6 of the Constitution below thus: 

Section 4.  (1) The legislative powers of the Federal Republic of Nigeria shall be vested in a National Assembly for the Federation, which shall consist of a Senate and a House of Representatives. (2) The National Assembly shall have power to make laws for the peace, order and good government of the Federation or any part thereof with respect to any matter included in the Exclusive Legislative List set out in Part I of the Second Schedule to this Constitution. 
Section 5. (1) Subject to the provisions of this Constitution, the executive powers of the Federation: (a) shall be vested in the President and may subject as aforesaid and to the provisions of any law made by the National Assembly, be exercised by him either directly or through the Vice-President and Ministers of the Government of the Federation or officers in the public service of the Federation; and (b) shall extend to the execution and maintenance of this Constitution, all laws made by the National Assembly and to all matters with respect to which the National Assembly has, for the time being, power to make laws.
Section 6. (1) The judicial powers of the Federation shall be vested in the courts to which this section relates, being courts established for the Federation. (2) The judicial powers of a State shall be vested in the courts to which this section relates, being courts established, subject as provided by this Constitution, for a State. 
However, the doctrine of separation of powers as secured and entrenched in Sections 4, 5 & 6 of the Constitution (as shown above) is in practice not strictly observed as the name implies. 
In theory the three branches of government are separate but in practice there is no rigid such compartmentalization of the executive, legislature and judiciary as their functions and responsibilities most often overlaps. 
The oversight jurisdiction which the legislature exercises over the executive branch of government is one of the mechanism that the legislature checks and balance with the executive. 
What is legislative oversight? The National Assembly exercises this power largely through its Committees system. However oversight, also occur in a wide variety of the National Assembly activities and contexts.  
It is implied in the legislature’s authority, among other powers and duties to appropriate funds enact laws and undertake a variety of constitutional action.
It is clear that Section 88 (1) of the Constitution decidedly vests oversight jurisdiction on the National Assembly over the executive and judicial branches of government.
Section 88 (1) of the Constitution provides thus: Subject to the provisions of this Constitution, each House of the National Assembly shall have power by resolution published in its journal or in the Official Gazette of the Government of the Federation to direct or cause to be directed investigation into - 
(a) any matter or thing with respect to which it has power to make laws, and 
(b) the conduct of affairs of any person, authority, ministry or government department charged, or intended to be charged, with the duty of or responsibility for - 
(i) executing or administering laws enacted by National Assembly, and 
(ii) disbursing or administering moneys appropriated or to be appropriated by the National Assembly.
It is abundantly clear that the powers conferred on the National Assembly under the provisions of the section 89 of the Constitution are exercisable only for the purpose of enabling it to -
(a) make laws with respect to any matter within its legislative competence and correct any defects in existing laws; and 
(b) expose corruption, inefficiency or waste in the execution or administration of laws within its legislative competence and in the disbursement or administration of funds appropriated by it.
Section 89 (1) of the Constitution vests on the National Assembly power to carry out investigation in exercise of the its oversight jurisdiction conferred by Section 88 of the Constitution for the purposes of any investigation.  
It is clear as the crystal that the investigative oversight functions of the National Assembly are not indeed a umbrage or cloak for it dabble into everything under the sun. 
The National Assembly can only invoke and carry out its oversight investigative functions in respect of:  
(a) making laws with respect to any matter within its legislative competence and correct any defects in existing laws; and 
(b) exposing corruption, inefficiency or waste in the execution or administration of laws within its legislative competence and in the disbursement or administration of funds appropriated by it.
It follows that even though the powers conferred on the National Assembly by Sections 88 and 89 of the Constitution to carry out oversight functions are broad they are indeed not unlimited. 
There is no authority inherent in the National Assembly to expose the private affairs of individuals without justification in terms of the functions of the National assembly. The National assembly cannot assume the functions and responsibilities of law enforcement or a Court. 
These are functions and responsibilities of the executive and judicial branches of government.  Any investigation embarked upon by the National Assembly must  relate and in furtherance of the legislative functions of the National Assembly. Investigation conducted solely for the personal aggrandisement of the investigators or to punish those investigated is indefensible. 
It follows from above that the primary province of the National Assembly as conferred on it by Section 4 of the Constitution is to make laws for the peace, stability and good governance of the country. Also the investigative oversight jurisdiction of the National Assembly is not absolute as it has some legal limitations. 
In the case of Tony Momoh versus The Senate of the National Assembly (1982) NCLR 105, the Court of Appeal held that Section 82 of the 1979 Constitution (which was pari material to Section 88 of the 1999 Constitution) is not designed to enable the legislature usurp the genera; investigating functions of the executive nor the adjudicatory functions of the judiciary. Any invitations by the National Assembly to any person outside the purpose defined by Section 82 (2) that is now Section 88 (2) of the 1999 Constitution is unconstitutional and invalid. 
It follows that invitation of the Attorney General of the Federation to appear before the Senate Committee on Judiciary, Human Rights and Legal Matters concerning his decision to institute criminal proceedings against the Senate President, Deputy Senate President and two staff of the National Assembly for alleged forgery of Senate Standing Orders is unconstitutional. 
By Section 174 (1) (a) of the Constitution to institute and undertake criminal proceedings against any person before any court of law in Nigeria, other than a court-martial, in respect of any offence created by or under any Act of the National Assembly.  
The pertinent question is: Can the Senate exercise the powers vested on it by Sections 88 & 89 (a) (b) of the Constitution to carry out investigative oversight jurisdiction over the exercise of the prosecutorial power conferred on the Attorney General of the Federation by  Section 174 (1) (a) of the Constitution to institute and undertake criminal proceedings against any person before any court of law in Nigeria, other than a court-martial, in respect of any offence created by or under any Act of the National Assembly? 
The answer must be in the negative. It is submitted that the prosecution of persons guilty of corrupt practices or gross inadequacies or misconduct in the discharge of the public office is left to the executive in accordance with the doctrine of separation of powers.  
In State versus Ilori (1983) 2 SC 155, it was held by the Supreme Court that in exercise of his power over public prosecution by the Attorney General of the Federation under Section 191 (3) of the 1979 Constitution (now Section 174 subsection 3 of the 1999 Constitution) is absolute and as such the exercise of the power is not subject to review by any authority, not even the courts.  
Certainly, the Attorney General of the Federation cannot be questioned by the Senate for exercising his prosecutorial powers vested on him by Section 174 (1) of the Constitution under the cloak that his action undermines democracy. 
It was further held in OBAYUWANA vs. ALLI (1983) 12 SC 147 at 191-192 & EL-RUFAI vs. HOUSE OF REPRSENTATIVES (2003) 12 WRN 1, that the power of investigation conferred on the National Assembly cannot be invoked outside the purview of the legislative competence of the National Assembly. 
Finally, the investigative oversight function of the National Assembly is surely to expose corruption, waste, inefficiency in the interest of good governance and not a passport to intimidate the executive or carry out personal vendetta against executive or administrative office holders. 

Okoi Obono-Obla


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Sent: Monday, 4 July 2016 21:28

Wilson Iguade

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My friend, go back and read again and take NOTE if I said "gives investigative powers to the president." 

this is how you guys confuse issues and you are SUPPOSE to be a PhD holder in English language, hehehehehe!

Wow! lord have mercy.


Wilson Iguade

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Subject: Re: Ayo Ojutalayo: Re: The president has no constitutional mandate to probe corruption (Opinion by Obi Nwakanma)
Date: Mon, 4 Jul 2016 21:26:46 +0000

Rex Marinus

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Iguade, if you were educable, I'd give you a long lecture, but I shall say this, because I too I enjoy your Baba-Sala factor in these fora. When you're not such a distraction, you can actually be quite amusing. The fact is, I do not think these debates are for the likes of you. They have to do with matters quite above you pay grade. So, stop for a while intruding, listen, and maybe you might learn a thing or two.

Obi  Nwakanma





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Subject: RE: Ayo Ojutalayo: Re: The president has no constitutional mandate to probe corruption (Opinion by Obi Nwakanma)
 

Wilson Iguade

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Obi,

You are a stupid ass, and you just proved it. FUCK YOU! and I mean it. Who died and made you the gatekeeper of knowledge when you cannot even understand just one sentence I wrote. Perhaps, you should speak for yourself, or maybe you just did that below by saying this exchange exceeds your level of understanding. You are NOT a lawyer, and I just proved that you do not understand English. Iguade



Subject: Re: Ayo Ojutalayo: Re: The president has no constitutional mandate to probe corruption (Opinion by Obi Nwakanma)
Date: Mon, 4 Jul 2016 21:41:36 +0000
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Ayo Ojutalayo

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Jul 4, 2016, 6:36:13 PM7/4/16
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"Legal training is one thing, but if it precludes ignorance of the civic process of the land, and the philosophy of its government, then I have the right to question the quality of legal training that says because the president appoints  the heads of the statutory departments of the state that deal with law enforcement, that therefore gives the president the power to carry out both legislative and judicial functions." . . . . . Obi Nwakanma

It is bush for one to query the education or training of another person just because he does not agree with one's position. In all disciplines, especially law, there are always various opinions of issues/law. That is why there are opposing lawyers in every case in court, and that is why there are split decisions when cases are appealed to the Appeal Court and to the Supreme Court. 

By the way, I doubt if anyone said "because the president appoints  the heads of the statutory departments of the state that deal with law enforcement, that therefore gives the president the power to carry out both legislative and judicial functions". What is not contestable is that the statutory departments that deal with law enforcement are part of the Executive branch of government, and they investigate and prosecute crimes including forgery and stealing public funds. These departments have not complained that the President is interfering with their functions. Also, there is no evidence that the President "carries out legislative and judicial functions", and if he does, the courts are there to stop him. 

Ayo Ojutalayo

“The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy. ” . . . Martin Luther King Jr



From: Rex Marinus <rexma...@hotmail.com>
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Ayo Ojutalayo

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Jul 4, 2016, 6:55:04 PM7/4/16
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"Legal training is one thing, but if it precludes ignorance of the civic process of the land, and the philosophy of its government, then I have the right to question the quality of legal training that says because the president appoints  the heads of the statutory departments of the state that deal with law enforcement, that therefore gives the president the power to carry out both legislative and judicial functions." . . . . . Obi Nwakanma

It is bush for one to query the education or training of another person just because he does not agree with one's position. In all disciplines, especially law, there are always various opinions of issues/law. That is why there are opposing lawyers in every case in court, and that is why there are split decisions when cases are appealed to the Appeal Court and to the Supreme Court. 

By the way, I doubt if anyone said "because the president appoints  the heads of the statutory departments of the state that deal with law enforcement, that therefore gives the president the power to carry out both legislative and judicial functions". What is not contestable is that the statutory departments that deal with law enforcement are part of the Executive branch of government, and they investigate and prosecute crimes including forgery and stealing public funds. These departments have not complained that the President is interfering with their functions. Also, there is no evidence that the President "carries out legislative and judicial functions", and if he does, the courts are there to stop him.  
Ayo Ojutalayo

“The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy. ” . . . Martin Luther King Jr



From: Okoi Ofem Obono-Obla <okoi...@hotmail.com>
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Sent: Monday, July 4, 2016 5:26 PM
Subject: [africanworldforum] Re: Ayo Ojutalayo: Re: The president has no constitutional mandate to probe corruption (Opinion by Obi Nwakanma)

Wharfery Snake

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Jul 4, 2016, 8:48:08 PM7/4/16
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Ayo Ojutalayo,

I did read and it was incomprehensible. It was like the rest of your prose.


WS - A revered prince of Mushin.

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Chukwuemeka Okala

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"Perhaps I should outline this basically by saying that the president’s actions, for instance, in these anti-corruption probes, usurps the power of the legislature. President Buhari has no mandate to probe corruption or misuse of public funds. The only institution mandated by the constitution to probe any person or any institution of government is the National Assembly and the various Houses of Assembly. " . . . . . Obi Nwakanma

Comment:
Did Prof. Obi Nwakanma actually state the above excerpt? This is outrageous and manifestly embarrassing! Obi Nwakanma, do you mean that the Legislature (as against the Executive) is the one with the powers to fight corruption? How can a university teacher of your standing make this kind of silly statement that even an year 8 secondary school student cannot make? Please tell me that you were misquoted and come up with what you actually said!

The President is the head of the Executive and it's the Executive that has the remit to formulate and implement the policies of the day. Buhari road to power on the crest of CHANGE - to fight corruption and sanitise the entire system. So, his government (not the legislature that is a hybrid of party pluralism) that has the MANDATE to fight corruption. In fact if he fails to fight corruption, he would have failed in his mandate.

Frankly speaking, I'm at pains explaining this basic rudiments of separation of powers to you, given that you are a university teacher and should know better. But to avert the unintelligible effect that your statement would create in the psyche of the political neophytes in the house - considering your position as a university teacher, I have to clear the ambiguity. 

It suffices to say that I'm surprised and indeed shocked that a professor would make this kind of academically ignorant statement. And this is neither the first nor the second time you would make similarly flawed, ludicrous and totally unacceptable statements. Many times in the recent past, you have attempted to spread figments of your imagination as facts, and wanting your readers to swallow such fabrications hook, line and sinker, but I have always put you on the spot to save innocent readers. Please shape up!


Emeka Reuben Okala
London, UK
"Faith [Religion] and reason are not necessarily opposed. But when reason won't take you another step, faith keeps on going because it connects you to God."   
 
 


On Tuesday, 5 July 2016, 1:48, "Wharfery Snake wharf...@yahoo.com [NIgerianWorldForum]" <NIgerianW...@yahoogroups.com> wrote:


Ayo Ojutalayo,

I did read and it was incomprehensible. It was like the rest of your prose.

WS - A revered prince of Mushin.

Sent from my iPad

On Jul 4, 2016, at 4:13 PM, 'Ayo Ojutalayo' via NaijaEvent <naija...@googlegroups.com> wrote:

Canice, Mr Comprehension,

You probably did not read the last paragraph of what I wrote! No wonder Joe Attueyi said black people are too lazy to read.

__._,_.___

Posted by: Wharfery Snake <wharf...@yahoo.com>

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afis 'Deinde

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The guy is a storyteller, his mouth sweet. That's all.


Shikena 
Afis
“Just as a solid rock is not shaken by the storm, even so the wise are not affected by praise or blame.” — Dhamapada, verse 81.

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Abraham Madu

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How can a university teacher of your standing make this kind of silly statement that even an year 8 secondary school student cannot make?
Please shape up!
 

Emeka Reuben Okala
London, UK
"Faith [Religion] and reason are not necessarily opposed. But when reason won't take you another step, faith keeps on going because it connects you to God."   
Rev. Chukwuemeka Reuben Ọkala,
Did you say an year 8 secondary school student ?
Please explain what you mean "an year 8 secondary school student" to me.
Ya kpọtụba!
Ya gazie.
Ụmụ nne Abrahamụọgụ Aṅụsịobi Madụ.


__._,_.___

Posted by: Chukwuemeka Okala <reu...@yahoo.co.uk>
Reply via web post Reply to sender Reply to group Start a New Topic Messages in this topic (3)

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Wilson Iguade

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Jul 4, 2016, 10:35:57 PM7/4/16
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Obi, 

Make you read below and ask yourself, why gari com pass water, in this case, you have no clue what you are talking about. I told you that you are a fictional writer and others are saying the same about you. You are now a "certified dunce", certify by the community in which you reside in cyberspace. 

Stay tuned! Iguade


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Wilson Iguade

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Quote
The power of the Attorney-General of the Federation is unquestionable and cannot be review by any person or authority or even the Court. The Attorney General of the Federation while exercising this power is not answerable to anybody or authority. 
Unquote

Response: I agree when and only when the attorney general is acting on behalf of the State, IF the AGF is the subject of the investigation, and we need to say this, above citation certainly DO NOT apply. Iguade


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Wharfery Snake

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Emekna Oknala,

I hold no brief for Rex Marinus but I will offer you Pol Sci. 101: In an executive system of government as practiced by the USA, power resides with the legislature. It is the legislature that actually governs. The power of government reside squarely with the legislature. The legislature make laws and the president can suggest to the legislature but cannot impose on the legislature. The legislature can originate a bill, debate it and pass it into law without consultation with the president except for his/her consent to sign the law. If the president rejects to consent to the law by signing it, the legislature can overrule him with 2/3 of the majority vote. The legislature controls the purse i.e. budget and can determine what department of government is funded or scraped by not funding it. 

When Obama was elected the Republican congress vowed to frustrate his government and by not cooperating with him, he was barely able to be effective domestically.  Presently Obama wants to normalize relationship with Cuba but without the approval of congress it has remained a bridge too far. 

The American founding fathers were very particular about where power should reside and they felt that the congress is the closest will of the people and therefore should govern.

I need not tell you that Nigeria is practicing the same system as the Americans.

You see Emekna Oknala, you are actually the one who is a neophyte and an imbecile in this discussion. You should learn to keep quiet in matters that you are ignorant about. While you are at it, pick up a book on the The Executive System of government. 


WS - A revered prince of Mushin.

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On Jul 4, 2016, at 9:50 PM, 'Chukwuemeka Okala' via AfricanWorldForum <africanw...@googlegroups.com> wrote:

Wharfery Snake

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Chief Wilson Wily Iguana,

What Prof. Obi wrote is beyond your intellectual capacity. You should go to bed before you lose your feeble mind.


WS - A revered prince of Mushin.

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Wilson Iguade

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There is a reason I give you something to put in your mouth to put you to sleep. Tufiakwa 

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Chukwuemeka Okala

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"Did you say an year 8 secondary school student?"  - Abraham A. Madu
Comment:
Yes, that's what I exactly said!

"Please explain what you mean "an year 8 secondary school student" to me."  -  Abraham A. Madu

Comment:
By Year 8 (Secondary School Student), I mean a student in class two (Old Nigerian system) or JSS2 (New Nigerian system)
Here in the UK, the education system is as follows: 6, 5, 2, 3 or more. Meaning 6 years in the Primary School, 5 years in the Secondary School, 2 years in High School (A/Level) and 3 years or more in the University - depending on the course a student is pursuing.

Against this backdrop, aside from nursery and reception, a pupil starts his/her school life from Year 1 and finishes in Year 6 (Primary School). They proceed to the Secondary School and continue with Year 7 (Class 1 or JSS1) and take their GCSE (WASC) in Year 11 (Class 5 or SS3) and proceed to the Sixth Form which is Year 12 and 13 (Old HSC in Nigeria) where they take GCE A/Level that qualify them for the University. They finish from the University in 3 years. They may spend more in courses such as Medicine, Architecture, - sometimes Engineering, etc.

I hope my explanation is helpful. Thanks for asking.

Take care,
__._,_.___

Posted by: Abraham Madu <abraha...@yahoo.com>

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Wharfery Snake

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Chief Wilson Wily Iguana,

Go to bed before you burst a brain cell. The discussion is above your pay grade and I need not remind you that you are punching above weight class right now and it can be darn right dangerous.


WS - A revered prince of Mushin.

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Rex Marinus

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Wharf, I do not know why you waste your time with Emeka. There are many on this forum who are besotted with their own puerile views. They do not have the basic foundations to discern the difference between military rule, the monarchy, and a democracy whose central frame is constitutional rule. The constitution states very unambiguously - and I have excerpted that portion expressly - that the only institution invested with the power to investigate any department of state is the National Assembly.  I would like to be informed, using the express language of the Nigerian constitution, which other body is given the powers to investigate the operations of the federal government.
Obi Nwakanma



From: 'Wharfery Snake' via AfricanWorldForum <africanw...@googlegroups.com>
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Subject: Re: [africanworldforum] Re: [NIgerianWorldForum] Re: Ayo Ojutalayo: Re: The president has no constitutional mandate to probe corruption (Opinion by Obi Nwakanma)
 

Wilson Iguade

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It is not dangerous at all for me to give you something to put in your mouth to put you to sleep. I know you miss it,,Tufiakwa!!

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Wilson Iguade

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Too dense to get it! No problem, all fingers are not equal! 

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Chukwuemeka Okala

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"Emekna Oknala [Emeka Okala],

I hold no brief for Rex Marinus but I will offer you Pol Sci. 101: In an executive system of government as practiced by the USA, power resides with the legislature. It is the legislature that actually governs. The power of government reside squarely with the legislature. The legislature make laws and the president can suggest to the legislature but cannot impose on the legislature. The legislature can originate a bill, debate it and pass it into law without consultation with the president except for his/her consent to sign the law. If the president rejects to consent to the law by signing it, the legislature can overrule him with 2/3 of the majority vote. The legislature controls the purse i.e. budget and can determine what department of government is funded or scraped by not funding it."  -  Canice Stanley Onuoha - the earless and legless reptile

Comment:
Canice Stanley Onuoha,
Your above narration is totally off on a tangent, I'm afraid!  Whilst the topic of debate is about the policy of the government of the day, you are exciting yourself in the functions of the Legislature. These are two different things. And this is how you fail your exams.

If I may ask you: What is the difference between the Democrat and the Republican parties? The simple difference is in the POLICY that each party wants to enforce if voted to power. And if the policy appeals to the electorate and they are finally voted in, they ipso facto have got the full MANDATE of the electorate to enforce that policy. The Legislatures have no reason to starve the administration with funds to implement the policy upon which basis they were elected.

"When Obama was elected the Republican congress vowed to frustrate his government and by not cooperating with him, he was barely able to be effective domestically.  Presently Obama wants to normalize relationship with Cuba but without the approval of congress it has remained a bridge too far."  Canice Stanley Onuoha - the earless and legless reptile.

Comment:
Another off on a tangent postulation by the earless and legless reptile. Look here (since you have no ears), Obama did not cruise to power on a promise to normalise relationship with Cuba. That idea came up as an on-the-job proposal, which individual members of the congress are even free to vote on conviction as opposed to party loyalty. Please we are talking about the main policy that brought Obama to power!

"The American founding fathers were very particular about where power should reside and they felt that the congress is the closest will of the people and therefore should govern." - Canice Stanley Onuoha - the earless and legless reptile

Comment:
This is altogether a different subject-matter for another day!

"I need not tell you that Nigeria is practicing the same system as the Americans."  -  Canice Stanley Onuoha - the earless and legless reptile

Comment:
Since you don't have ears, how can you hear what people say about the nitty-gritty of politico-systemic power in a democracy and its comparisons with systems across the globe? Difficult, init?

"You see Emekna [Emeka] Oknala [Okala], you are actually the one who is a neophyte and an imbecile in this discussion. You should learn to keep quiet in matters that you are ignorant about. While you are at it, pick up a book on the The Executive System of government.  -  Canice Stanley Onuoha - the earless and legless reptile

Comment:
Canice Stanley Onuoha,
Go and stand before a mirror. Whatever you see there is the political neophyte and imbecile that you have talked about. Dimwit!
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‎In some many decided cases the Supreme Court  held that the oversight power of the National Assembly does not go beyond the primary function of the National Assembly to make law. The Supreme Court in these cases held that the investigative power of the National Assembly is there circumscribed and cannot be use as an umbrage to infringe into the powers vested on the executive branch of government to enforce the law and maintain law and order generally ; and the power of the judiciary to interpret the law!  

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It is as clear as the crystal that such proposition as stated by Professor Obi Nwakanma is a gross misconception of the principles of Constitutional Law. The executive branch of government is primarily vested with the power of implementation and execution of law which include fighting crime. Corruption is crime, it follows that the branch of government vested with the power of fighting corruption and crime is the executive branch headed by the President. The power vested on the National Assembly by Sections 88 & 89 of the Constitution although in theory is broad but is greatly restricted to the law making function of the National Assembly in order to expose corruption, waste and inefficiency. The National Assembly cannot take umbrage under sections 88 & 89 to take over investigation of crime and corruption.    

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Subject: Re: [NIgerianWorldForum] Re: Ayo Ojutalayo: Re: The president has no constitutional mandate to probe corruption (Opinion by Obi Nwakanma)

 

Posted by: Chukwuemeka Okala <reu...@yahoo.co.uk>

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Mobolaji Aluko

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Okoi:

In all my almost forty years in the USA, I have never heard where the Congress calls up the FBI or Administration to ask WHY someone is being prosecuted.  In fact, what I always hear is why SOMEONE is NOT being prosecuted, why certain criminals are not being gone after.

Constitutional arguments apart, when lawmakers act in a manner as if they are protecting alleged criminals, or act as if they are judges of their own cases, then they become suspicious law-breakers.  That is not good.

And there you have it.


Bolaji Aluko




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Prof Aluko, absolutely! The proposition by asserted by Obi Nwakanma is indeed  weird and therefore non sequitor! The Attorney General of the Federation in exercise of the prosecutorial power vested on him by Section 174 (1)(a) of the Constitution is a Master and a Law unto himself. He is not answerable to anybody,person or authority! His exercise of discretion to charge anybody to Court cannot be review by any body or person or authority and even the Court!    

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Subject: Re: [africanworldforum] Re: [NIgerianWorldForum] Re: Ayo Ojutalayo: Re: The president has no constitutional mandate to probe corruption (Opinion by Obi Nwakanma)

Ayo Ojutalayo

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"The power vested on the National Assembly by Sections 88 & 89 of the Constitution although in theory is broad but is greatly restricted to the law making function of the National Assembly in order to expose corruption, waste and inefficiency. The National Assembly cannot take umbrage under sections 88 & 89 to take over investigation of crime and corruption." . . . . Okoi   

The Constitution does not expect the National Assembly to investigate crime and corruption hence no investigative agency reports to the National Assembly but to the Executive. This is not only Law, it is common sense.

Ayo Ojutalayo

“The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy. ” . . . Martin Luther King Jr



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Subject: [africanworldforum] Re: [NIgerianWorldForum] Re: Ayo Ojutalayo: Re: The president has no constitutional mandate to probe corruption (Opinion by Obi Nwakanma)

Ayo Ojutalayo

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Emeka,

Don't mind Canice. We are talking of who has the constitutional responsibility to investigate and prosecute crimes and corrupt practices between the Executive and the Legislature and he is talking of who has the power of purse and who makes laws. Canice, Obi Nwakanma and their ilk are used to twisting discussions when they are cornered. That he is off on target is deliberate.

Ayo Ojutalayo

“The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy. ” . . . Martin Luther King Jr



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Subject: Re: [africanworldforum] Re: [NIgerianWorldForum] Re: Ayo Ojutalayo: Re: The president has no constitutional mandate to probe corruption (Opinion by Obi Nwakanma)

Ayo Ojutalayo

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Emeka,

The excerpt is from an article by Obi Nwakanma in a national newspaper! 


Ayo Ojutalayo

“The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy. ” . . . Martin Luther King Jr



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Subject: Re: [NIgerianWorldForum] Re: Ayo Ojutalayo: Re: The president has no constitutional mandate to probe corruption (Opinion by Obi Nwakanma)

Ayo Ojutalayo

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Canice Stanley Onuoha,

You are being fraudulent. You know your Pol Science 101 has nothing to do with which of the branches of government has the constitutional responsibilities ("mandate") to investigate and prosecute allegations of criminal and corrupt practices. That is the bone of contention.

Ayo Ojutalayo

“The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy. ” . . . Martin Luther King Jr



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Subject: Re: [africanworldforum] Re: [NIgerianWorldForum] Re: Ayo Ojutalayo: Re: The president has no constitutional mandate to probe corruption (Opinion by Obi Nwakanma)

Olu Ojedokun

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Sirs, madam:

This is what is described as academic overreach, commenting beyond one's own competence, above one's own comprehension.

With Regards

Ayo Ojutalayo

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Canice,

Incomprehensible to you because you are a snake with serpent brain!

Ayo Ojutalayo

“The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy. ” . . . Martin Luther King Jr



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Subject: Re: Ayo Ojutalayo: Re: The president has no constitutional mandate to probe corruption (Opinion by Obi Nwakanma)

Olu Ojedokun

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But America has normalised relations with Cuba, sir did i miss something?

Olu/

Rex Marinus

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Investigations & Oversight

Blog Post

August 1, 2013               

Historical Highlight

“All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”
— U.S. Constitution, Article I, section 1

.
The (US) Constitution says nothing about congressional investigations and oversight, but the authority to conduct investigations is implied since Congress possesses “all legislative powers.” The Supreme Court determined that the framers intended for Congress to seek out information when crafting or reviewing legislation. George Mason of Virginia said at the Federal Convention that Members of Congress “are not only Legislators but they possess inquisitorial powers. They must meet frequently to inspect the Conduct of the public offices.”

Origins

The constitutional framers assumed that Congress would conduct investigations as the British House of Commons conducted them. James Wilson of Pennsylvania, a future Supreme Court Justice and Convention delegate, wrote in a 1774 essay that members of the Commons were considered “grand inquisitors of the realm. The proudest ministers of the proudest monarchs have trembled at their censures; and have appeared at the bar of the house, to give an account of their conduct, and ask pardon for their faults.” When the U.S. House convened in 1789, it established an early set of select committees, such as Rules and Ways and Means, to structure the legislative process including investigations.

Early Investigations

The House used its investigatory privileges in the First Congress (1789–1791). Robert Morris of Pennsylvania, the superintendent of finances during the Continental Congress and a financier of the American Revolution, asked Congress in 1790 to investigate his handling of the country’s finances in order to clear his name of potential impropriety. The House referred Morris’s request to a select committee, setting a precedent for future investigations, while the Senate had President George Washington appoint special commissioners and report back to that body. Representative James Madison of Virginia said that the “House should possess itself of the fullest information in order to doing justice to the country and to public officers.”

Two years later, the House authorized a special committee to investigate the military defeat of General Arthur St. Clair. This was the first time the House investigated an official under the President’s direct supervision. Several Representatives debated whether the House had authority to conduct such an investigation at all. Initially, Representative William Giles of Virginia moved a resolution to request that President Washington launch an investigation. But the House amended the resolution to create a select committee, authorized “to call for such persons, papers, and records, as may be necessary to assist their inquiries.” Washington consulted his Cabinet to discuss compliance with the House’s investigation. They agreed upon rules of disclosure that formed the early basis of what is now known as “executive privilege,” or The President’s prerogative to use private documents and unvarnished advice to formulate policy decisions.

Subpoena Power and Contempt

The House has compelled the attendance of witnesses since 1795, when it investigated an attempt to bribe Members. Indeed, early cases of congressional subpoena and contempt powers focused on the abuse or discredit of the House itself. Robert Randall, a real estate speculator, had tried to purchase what is now Michigan from the federal government and share the proceeds with Members of Congress who approved the sale. As a result, Randall was the first individual held in contempt of Congress. The House Sergeant-at-Arms was authorized to arrest him and bring him before the House, where he was reprimanded and placed in a local jail for a week.

Subpoena power for routine legislative matters evolved after an 1827 debate authorizing the Committee on Manufactures to “send for persons and papers.” The committee, seeking more information on reforming the tariff of 1824, wanted to conduct its own investigation given that voluntary testimony and memorials to the committee had been “in many instances opposed to each other, and contradictory as regards facts.” One Representative denounced the action as an “inquisition” and such power generally as “odious, and oppressive, in the highest degree.” Representative Edward Livingston of Louisiana said it was better to have an independent investigation than rely on voluntary testimony by “those interested to deceive.” Livingston said, “all our laws…would be better, more stable, more wise” if the House conducted its own investigations.

The House reformed and routinized its subpoena and contempt powers during the 19th century. Initially, it had authorized the Sergeant-at-Arms to arrest those disregarding the orders of the House and bring them before its Membership. After an 1857 case involving a reporter for the New York Times who was held in contempt for not divulging his sources for a report concerning potential bribery of House Members, Congress passed the forbearer to the current law on contempt (2 USC §194). In that law, the failure of a witness to answer “any question pertinent” to a congressional investigation would prompt an investigation by the Department of Justice, as well as potential fines and jail time.

Current Practice

Hearings are most commonly held for three reasons: to consider pending legislation; to investigate issues that may require legislation in the future; and, to investigate and oversee federal programs. They reflect the most important issues of the day and what occupies congressional attention. This means that Congress holds hearings on a variety of issues, from steroid abuse in professional sports to the use of weather satellites. Hearings have also been used to further the rights of minority groups. Congressional investigations not only help legislators make better policy decisions, but they are central to the system of checks and balances. Investigatory hearings can uncover presidential abuses of power and corruption, such as the Teapot Dome scandal in the 1920s or Watergate in the 1970s. But hearings have also been used for less noble purposes, such as the blacklisting of private citizens during the “un-American activities” hearings in the 1950s. While the power to investigate is broad, the Supreme Court has since ruled that Congress must confine itself to “legislative purposes” and avoid the strictly private affairs of individual citizens.

For Further Reading

Aberbach, Joel D. Keeping a Watchful Eye: The Politics of Congressional Oversight. Washington, D.C.: The Brookings Institution, 1990.

Barrett, David M. The CIA and Congress: The Untold Story from Truman to Kennedy. Lawrence: University Press of Kansas, 2005.

Minta, Michael D. Oversight: Representing the Interests of Blacks and Latinos in Congress. Princeton: Princeton University Press, 2011.

Ogden, August Raymond. The Dies Committee: A Study of the Special House Committee for the Investigation of Un-American Activities, 1938–1943. Washington, D.C.: The Catholic University of America Press, 1943.

Ogul, Morris S. Congress Oversees the Bureaucracy. Pittsburgh: University of Pittsburgh Press, 1976.

Perino, Michael. The Hellhound of Wall Street: How Ferdinand Pecora’s Investigation of the Great Crash Forever Changed American Finance. New York: Penguin Press, 2010.





Sirs, madam:

This is what is described as academic overreach, commenting beyond one's own competence, above one's own comprehension.

With Regards

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Sent: Tue, Jul 5, 2016 6:41 am
Subject: Emeka: Re: Ayo Ojutalayo: Re: The president has no constitutional mandate to probe corruption (Opinion by Obi Nwakanma)

Emeka,

The excerpt is from an article by Obi Nwakanma in a national newspaper! 

http://www.vanguardngr.com/2016/07/president-no-constitutional-mandate-probe-corruption/
Let us think of the Deputy President of the Nigerian Senate as, like a co-pilot. His hands are on the same lever with the president of the senate, navigating the nation through the storms of nation-build. That is right: nation-building does not happen at the executive office, it happens in the chambers of the nation’s legislative houses.


Rex Marinus

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Ayo, my signature is bold on that byline, and I stand by it. The president not only has no constitutional powers to probe a past government, he has no basis in law to issue inquisitorial orders on any citizen. To prosecute, there has to be basis for the Attorney-General. That basis must proceed from the inquisitorial powers of the Legislature, whose conclusions must form the basis of the order by which the president must act in asking the Attorney General to bring any cases to court on behalf of the government. The National Assembly in so far as one can see, is the only arm of government expressly invested with such inquisitorial powers, which may of lead to (a) a revelation of sordid conduct, and (b) prosecution from these investigations by the Attorney General. This should be easy enough to understand!

Obi Nwakanma





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Subject: Emeka: Re: Ayo Ojutalayo: Re: The president has no constitutional mandate to probe corruption (Opinion by Obi Nwakanma)
 

Ayo Ojutalayo

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The normalization is an on-going process. Yes, they have exchanged diplomats but not at Ambassador's level yet.

Ayo Ojutalayo

“The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy. ” . . . Martin Luther King Jr



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Subject: [africanworldforum] Re: Canice Stanley Onuoha: Re: Ayo Ojutalayo: Re: The president has no constitutional mandate to probe corruption (Opinion by Obi Nwakanma)

Ayo Ojutalayo

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Obi,

Is it Congress that should "investigate" forgery and stealing by politicians and government officials using select committees?

Ayo Ojutalayo

“The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy. ” . . . Martin Luther King Jr



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Subject: [africanworldforum] Aluko and A bit of US Congressional History

Abraham Madu

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__._,_.___

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Obi ,you are damned wrong! Please come down from your high horse and admit that you are totally wrong for once! It is Honourable to concede when one is wrong than to persist ‎ in your position! It smacks of haughtiness and superciliousness to insist you are right when you are wrong!  

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Subject: [NIgerianWorldForum] Re: Emeka: Re: Ayo Ojutalayo: Re: The president has no constitutional mandate to probe corruption (Opinion by Obi Nwakanma)

 

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Yes, it is Congress that investigates: the most recent is the current investigation of Hillary Clinton in Congress. There was the Congressional investigation of Wall street. There was the Congressional investigation of Vice-President Cheney's aide, over the revelation of the identity of the CIA woman, and so on and so forth. Congress also investigates its members through the senate or House ethics committees. Parliament has extremely wide powers. As a matter of fact, the power of the National Assembly to investigate rests squarely in the fact that corruption in the public system comes from tenders. The National Assembly funds government, and at the end of the year, the constitution requires it to examine the books of government, and verify the claims of the execution of programs passed by legislation. It is from that function that the parliament derives its power to investigate.

Obi Nwakanma





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Sent: Tuesday, July 5, 2016 6:26 AM

Chukwuemeka Okala

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This Obi Nwakanma of a professor is a case! I hope this guy has not unwittingly misguided many a student under him - going by the way he reasons.

Obi Nwakanma, the power to investigate and fight corruption is the functional responsibility of the Executive - the Head of government and his/her cabinet ministers. 

Select Committees are set in the parliament by the Parliament to cover virtually all sectors of the economy - Petroleum, Sports, Judiciary, Housing, Agriculture, Mining, Niger Delta, Amnesty Programme, Finance, Maritime, Education, Communications, Human Right, Etc, etc, etc... Select Committees are more or less advisory. Their establishment in the parliament does not take away the primary functional responsibility of the Executive. Please see below, the dictionary definition of "Select Committee"!

select committeenoun [C]

 UK   /sɪˌlekt kəˈmɪt.i/ US   /sɪˌlekt kəˈmɪt̬.i/
       
 group of politicians, from different political parties,chosen to report and advise on a particular subject:She is a member of the Commons Select Committee oneducation.
I can understand when an uninformed person like Canice Stanley Onuoha displays ignorance in a subject that he knows nothing about and forgive him considering that he has no ears and therefore permanently deaf. But you - a professor? No way! My friend, you have to shape up!

Ayo Ojutalayo

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Obi,

Congressional investigations are not criminal investigations. They are oversight investigations. Congress cannot take anybody investigated to court. Congress like any other body/American can advise FBI if it discovers/suspects crime by anyone. Congress' investigation of Benghazi, Wall Street etc were not criminal investigations. These were investigations carried out to improve practices and the system.

Criminal investigations are done by the FBI . . . re Hilary Clinton when criminal mishandling of classified documents were suspected by FBI. The Ministry of Justice prosecutes if need be, after FBI's investigation. 

Ayo Ojutalayo

“The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy. ” . . . Martin Luther King Jr



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Sent: Tuesday, July 5, 2016 2:24 AM
Subject: Re: Obi Nwakanma: Re: Aluko and A bit of US Congressional History

Ayo Ojutalayo

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Emeka,

I suspect Obi does not believe what he is putting out in public. He is just trying to be controversial. It's like his insistence that biafra did not surrender even after reading General Efiong's Surrender Instrument. 

Ayo Ojutalayo

“The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy. ” . . . Martin Luther King Jr



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Subject: [africanworldforum] Re: Obi Nwakanma: Re: Aluko and A bit of US Congressional History

Mobolaji Aluko

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Ayo Ojutalayo:

I concur with you, including with your view that Obi Nwakanma loves taking controversial positions for the heck of it.   

Beyond making laws (including Budgeting), overseeing federal government agencies and regulating its own internal affairs, Congress or the Nigerian Parliament has no business PROSECUTING criminal affairs.  Outside of IMPEACHMENT situations, it is NOT a court where it prosecutes defendants in the presence of their counsels.   It can INVESTIGATE affairs to determine whether they are criminal, civil or otherwise, and advise the Executive (through FBI or AGF) accordingly, but ONCE the FBI or AGF has made their own determination about the nature of a case, the Congress or Parliament has no business telling the AGF or FBI what to do thereafter.  That would be interference in a sub judice issue.   

If Congress or Parliament concentrates on its three core functions (law-making, oversight and self-regulation), it cannot go wrong.

In the Forgery situation at hand, it is its failure at self-regulation - with criminal import - that the AGF is handling.

Now, should the AGF have gone to the National Assembly upon being called?  I believe so - the National Assembly is empowered to call ANY public official to the National Assembly.   The default is for the public officer to accept the request, unless he is forbidden by the President.   He may also PUBLICLY ask the President for cover, but if the President accepts for him to go, then he should go.  If he does not prevent him, he should go. He can then go to tell the Assemblymen EXACTLY what Okoi Obla told them, that a determination has been made that the NASS Forgery Affair has been investigated, and taken up as a criminal case by his Office.  They cannot fire him (by withdrawing their previous assent to his ascending the office), or compel him to withdraw the case.  Yes, he can be embarrassed by all kinds of barrages of lines of questioning, but he should be able to hold his ground.

This issue is not as complicated as it is being made out. With the Saraki CCT case, and now the NASS forgery case, the attempts by the NASS to intimidate the Execo-Judicial arm and/or change extant laws to favor themselves do not look good.

And there you have it.



Bolaji Aluko

Okoi Ofem Obono-Obla

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House Oversight Reports on Congress's Oversight Responsibility Published: Sep 22, 2010 Quite as important as legislation is vigilant oversight of administration.” –Woodrow Wilson in 1885 WASHINGTON D.C. – Rep. Darrell Issa, the Ranking Member of the Oversight and Government Reform Committee, released a report today entitled:  “A Constitutional Obligation:  Congressional Oversight of the Executive Branch detailing how “the vast expansion of the power and reach of the Executive Branch of government under both Republican and Democratic administrations has only increased the need for vigorous, unflinching Congressional oversight.” “The unparalleled encroachment of the federal government in the private sector and the lives of individual Americans that began during the Bush Administration and continues in the Obama Administration (see, for example, the Troubled Assets Protection Program, the American Recovery and Reinvestment Act, the rapid growth of the federal workforce, and the health care and financial overhauls) has led to concerns of an oncoming tsunami of opacity, waste, fraud, and abuse,” the report says.  “This trend must be met by vigorous Congressional oversight of the massive federal bureaucracy.” Congressional Research Service, 2010: “A fundamental objective of congressional oversight is to hold executive officials accountable for the implementation of delegated authority.  This objective is especially important given the huge expansion of executive influence in the modern era …. Clearly, given the role and scope of the federal establishment, the importance of Congress’s review function looms large in checking and monitoring the delegated authority that it grants to federal departments and agencies.” “Congress’ chief watchdog committee requested 61 percent less information in the first year of the 111th Congress than it did in the 110th,” the report reveals.  “The Committee held 21 percent fewer hearings, and the subjects of those hearings were too often far outside the most pressing issues facing the American people…Only four years ago Democrats lamented a lack of congressional oversight under one-party rule.  But today, at a time of unprecedented expenditures and growth in the federal workforce and its presence in Americans’ lives, with all the potential for fraud, waste, and abuse such growth carries with it, the Democratic-controlled Congress has consciously abdicated its Constitutional responsibility to provide oversight of the Executive Branch.” “We start with several basic premises on which there is general agreement.  The power of Congress to conduct investigations is inherent in the legislative process. That power is broad. It encompasses inquiries concerning the administration of existing laws as well as proposed or possibly needed statutes. It includes surveys of defects in the social, economic, or political system for the purpose of enabling Congress to remedy them. It comprehends probes into departments of the federal government to expose corruption, inefficiency, or waste.” – Chief Justice Warren for the Majority,Watkins v. United States What Congressional Democrats Said About Oversight of the Executive Branch In the year leading up to the 2006 midterm elections, Ranking Member Waxman intensified his attacks on the Republican Majority for what he considered their negligent oversight of the Bush Administration.  In January 2006, his staff issued a report stating the following: [T]he Republican-controlled Congress has failed to meet this constitutional oversight responsibility.  On issue after issue, the Congress has failed to conduct meaningful investigations of significant allegations of wrongdoing by the Bush Administration.… [A] large “accountability gap” has emerged.  Despite repeated requests by Democratic members and news reports raising allegations of serious misconduct, the Congress has failed to convene hearings, issue subpoenas, and take the other steps necessary to fulfill its constitutional oversight role. When the Democrats regained Congress in the 2006 elections, Rep. Waxman became Chairman, and the Congressional obligation to conduct vigorous oversight of the Executive Branch became a central priority of Congressional Democrats.  In February 2007, Chairman Waxman told The New York Times that “There has been no cop on the beat.  And when there is no cop on the beat, criminals are more willing to engage in crimes.”  Without constant Congressional oversight, Chairman Waxman said, “the bad actors feel they can get away with anything.” Six months after becoming Speaker of the House, Rep. Nancy Pelosi explained to a group of progressive bloggers how the new Democratic Majority was reinstating Congressional oversight: They [the Bush Administration] had been going for six and a half years with no oversight, just absolutely zero accountability. And when people talk about this Congress, they have to recognize that there’s a big distinction between this Congress and previous Congresses in terms of shedding the light of oversight and accountability on this administration. Then-House Democratic Caucus Chairman and current White House Chief of Staff Rahm Emanuel also sounded the need for an uncompromising Oversight Committee, stating that “We want to be the party that is ferreting out waste and fraud, and Henry’s [Waxman’s] committee is the point of the spear for us.” As of August 2010, the Republican members of the Oversight Committee had sent 46 letters to the Democratic Chairman of the Committee or its Subcommittee Chairs requesting hearings, additional witnesses at hearings, or subpoenas of important documents related to significant investigations.  Formal responses were received for only six of those requests.  Hearings requested by the Republican Minority but ignored by the Democratic Majority include: Food Safety – In 2009, following a salmonella outbreak in a Georgia peanut plant that led to at least 8 deaths and more than 500 illnesses, Ranking Member Issa sent a letter to Chairman Towns requesting a hearing on the federal food safety bureaucracy, citing a GAO report that identified 15 different federal agencies responsible for administering 30 food safety-related laws and noting that “our Committee is uniquely positioned to look at the coordination and cooperation amongst departments and agencies.”  No response to the request was received, and nothing was done to hold the federal agencies accountable. Homeland Security – During the 107th, 108th, and 109th Congresses, the Committee’s Republican Majority conducted 35 hearings on homeland security matters.  Among other things, these addressed terrorism and cross-agency information sharing, as well as the formation and oversight of the Department of Homeland Security.  Oversight of Homeland Security has been badly neglected over the past two years. Fannie Mae and Freddie Mac – Despite the role Fannie and Freddie played in the financial crisis and the huge financial stakes for the American taxpayer involved in continuing to prop up these organizations…Oversight Committee Republicans requested a public hearing on Fannie and Freddie but received no response from the Majority. Healthcare Reform Oversight – Attorney General Eric Holder has said himself that every year American taxpayers lose “tens of billions of dollars in Medicare and Medicaid funds to fraud.”  With government’s increased role in healthcare under the Obama reform, this number is all but certain to increase…Under Democrats, the Oversight Committee refused to investigate waste, fraud, and abuse in government run healthcare and also decided to waive its jurisdiction when the new healthcare reform law came through Congress and refused to hold even a single hearing or mark-up on the legislation. Wasteful Stimulus Spending – The Republican Minority has provided the Democratic Majority with evidence of government agencies wasting stimulus funds on projects of dubious merit that appear to contradict the Administration’s stated goals for stimulus-worthy projects and that therefore are ripe for oversight…The Minority has not yet received a reply from the Chairman. Minerals Management Service – The last time Republicans had subpoena power was in 2006, where as a subcommittee Chairman, Ranking Member Issa used it to compel the testimony of oil executives and expose cozy relationship with the Minerals Management Service (MMS)…it wasn’t until after the April 20, 2010,Deepwater Horizon oil spill that Oversight Committee Democrats agreed to hold a hearing about the troubles of MMS. School Choice – The D.C. Opportunity Scholarship Program (OSP) was launched by Congress in 2004, with bipartisan support, to give economically disadvantaged District of Columbia children the chance for a quality education outside of public school classrooms plagued by problems…The Republican Minority has requested a full Committee hearing to examine this program, but did not receive a response. Following are examples, in addition to those discussed in the previous section on Minority-requested hearings, of issues in need of Congressional oversight that were the focus of vigorous attention by the Republican Minority in the 111th Congress but were largely or entirely neglected by the Democratic Majority: Federal Emergency Management – The inadequate response by the federal government to the Deepwater Horizon oil spill is evidence that 5 years after Hurricane Katrina, government agencies are no more effective now than they were then in dealing with large scale disasters…The Oversight Committee is uniquely able to address cross-agency and cross-government activities, yet has done little to oversee efforts to implement lessons learned from previous disasters or to propose reforms. Protecting the Independence of Inspectors General – Oversight Republicans investigated and produced reports on the removal of two Inspector General: the IG for the Corporation for National and Community Service and the IG for Amtrak.  In both cases there was strong evidence that the IGs were removed for highly improper reasons.  Inspector Generals must have independence and must know that investigating waste and mismanagement isn’t going to cost them their jobs.  There are supposed to be 74 IGs, but right now there are 11 vacant positions including the Departments of State and Interior where there hasn’t even been nominations.  IGs are critical allies for oversight in Congress and the Oversight Committee needs to examine what can be done to better protect their independence, their ability to look for waste and abuse in federal agencies, and to make sure vacancies are filled in a timely manner. Federal IT Systems – Technology can make government more efficient, transparent, and interactive with citizens…Far too often, federal investments for IT improvements have run way over budget, or in the worst of scenarios, fail to meet any projected goals… In the 111th Congress, the Committee has not devoted sufficient time to oversight and reform efforts in this costly and critical area. Federal Financial Management – Addressing the real issue behind the government’s fiscal woes – irresponsible,  runaway spending – is daunting enough, but adding fuel to the fire is the widely acknowledged fact that the federal government cannot even track its own spending well enough to give a verifiable accounting of how taxpayer’s money is being spent.  In 2009, for the 13th straight year, GAO found that the federal government’s consolidated financial statements were not auditable due to persistent financial management problems, including the government’s inability to account for interagency funding activity and other ineffective systems, processes, and internal controls at federal agencies. TARP Oversight – While the efforts of the Minority have pulled back the curtain on some aspects of high-profile bailouts, the refusal of the Majority to assist on numerous requests have left many questions unanswered. Failures at the SEC – Despite a budget that nearly tripled between 2000 and 2010, the SEC has not lived up to its watchdog responsibilities.  The scandals involving Bernie Madoff, Enron, WorldCom, and others during the past decade were not detected by SEC investigators but by journalists, whistleblowers and others.  In many cases the SEC had the information it needed to frauds years earlier but failed to put the pieces together until after the wrongdoing had already been uncovered. Stimulus Oversight – Since the stimulus was designed to spend taxpayer dollars quickly, there are also significant concerns that waste, fraud, and abuse is going undetected.  The failure of the stimulus to reduce unemployment is perhaps the most significant concern of many Americans who have been hit hardest by the recession. Countrywide – As part of its ongoing investigations into the causes of the financial crisis, Committee Republicans exposed large quantities of previously unknown details about Countrywide Financial Corporation’s “Friends of Angelo” program, which provided sweetheart mortgages to so-called “VIPs” as part of its larger investigation of influence peddling by Fannie Mae, Freddie Mac and other companies involved in affordable mortgage lending.  At the same time that Fannie-Freddie executives were accepting Countrywide VIP loans, The New York Times has reported about “how assiduously Fannie pursued Mr. Mozilo and 14 of his lieutenants to make sure the company continued to shovel loans its way.” Presidential Records Act – To ensure compliance with both the Presidential Records Act and the Hatch Act, the Committee needs to conduct oversight to monitor the technology associated with the White House E-mail archiving system and the maintenance of private e-mail accounts by White House staff.  This effort actually began under Democrats.  Former Chairman Henry Waxman’s oversight of the White House’s use of e-mail became an issue of bipartisan concern – not the political aspect of it, but the fact that there was a clear failure of government and waste of taxpayer dollars.  In the 111th Congress, the Majority has not continued critical oversight initiatives in this area despite the repeated urgings of the Minority. Federal Agency Performance Management – As the main oversight body in the House of Representatives, the Committee has an obligation to hold federal agencies accountable for performance.  While federal agency funding has increased tremendously, attention to agency performance under GPRA and other performance legislation and possible reforms of performance legislation, such as requiring outcome-based performance goals, has received short shrift in the 111th Congress. ### Related Documents House Oversight Reports on Congress's Oversight Responsibility https://oversight.house.gov/report/a-constitutional-obligation-congressional-oversight-of-the-executive-branch/
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From: Chukwuemeka Okala
Sent: Tuesday, 5 July 2016 09:17
Reply To: Chukwuemeka Okala
Subject: Re: Obi Nwakanma: Re: Aluko and A bit of US Congressional History

afis 'Deinde

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Obi Nwakanma is just trying to be clever by half.
He uses the word "probe" to cover his evil intentions.

Shikena 
Afis
“Just as a solid rock is not shaken by the storm, even so the wise are not affected by praise or blame.” — Dhamapada, verse 81.

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Rex Marinus

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Congressional investigations can also be criminal investigations. The Watergate investigations comes to mind, as would the Iran-Contra investigations that indicted Oliver North, etc. etc. The Oversight powers of the Legislature actually compels these investigations. And what exactly do we generally mean by "oversight"? The simpler word might be "supervisory. " In other words, it is the constitutional duty of parliament to supervise the outcomes of the executive branch. Failure of government accountability results from the failure of parliamentary oversight. That has been the plank of my argument: that the missing link in his process of civil governance is a legislature that has not lived up to its mandate; and which has permitted all kinds overreach and power-grab by the executive branch. The democratic mandate of parliament is to investigate the activities of the executive branch. Where that does not happen, you have vertical and horizontal corruption.

Obi Nwakanma





From: 'Ayo Ojutalayo' via NaijaEvent <naija...@googlegroups.com>

afis 'Deinde

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"The American founding fathers were very particular about where power should reside and they felt that the congress is the closest will of the people and therefore should govern.

I need not tell you that Nigeria is practicing the same system as the Americans.".........Baba Wharfy.


Afis comment: So, the Congress is the one governing America right now.
Obama was just sworn in for nothing.
These Igbo boys na wa for una o.
Any time the Igbos are out of government they create their own version of government.
So, Mitch McCornell is the head of government in USA?
I wonder why the constitution states otherwise.

Waste of valuable time.

Shikena 
Afis
“Just as a solid rock is not shaken by the storm, even so the wise are not affected by praise or blame.” — Dhamapada, verse 81.

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Rex Marinus

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"Beyond making laws (including Budgeting), overseeing federal government agencies and regulating its own internal affairs, Congress or the Nigerian Parliament has no business PROSECUTING criminal affairs.  Outside of IMPEACHMENT situations, it is NOT a court where it prosecutes defendants in the presence of their counsels.   It can INVESTIGATE affairs to determine whether they are criminal, civil or otherwise, and advise the Executive (through FBI or AGF) accordingly, but ONCE the FBI or AGF has made their own determination about the nature of a case, the Congress or Parliament has no business telling the AGF or FBI what to do thereafter.  That would be interference in a sub judice issue. "  

-Mobolaji Aluko


In all my writings, I have never said that the National Assembly has "Prosecutorial" powers or duties. It is the power ceded to the Executive branch which must duly bring all infractions before a properly constituted court. I think you're changing the argument. Parliament does not prosecute. Parliament compels the president, through his Attorney-General to prosecute. The power of the Attorney General to prosecute on behalf of the government is settled condition of law. No one argues that. What one argues is that the power to investigate government is the power of the legislature. In 1980, one of the first major actions of the newly inaugurated Nigerian National Assembly was the investigation of the N2.1 billion missing oil money involving Obasanjo and Buhari. Following parliamentary reports, the president was compelled to constitute a Judicial panel, headed by Justice Ayo Irikefe who dismissed the  findings, to the consternation of people like the late Dr. Ayo Awojobi, who sought the right of the legislature to appoint a private prosecutor.

Again, as a matter of fact, Congress has the power to tell the FBI hat the heck to do. The various congressional investigation to the wire-tapping powers of the FBI is just one case in point. Congressional indictments often leads to dismissals, resignations, or prosecutions. And let's be clear on the case of alleged "forgery" of the rules of the National Assembly, grounds on which the AG of Nigeria has sought to violate the sanctity of Legislative independence, a court has just declared a violation of legal process. There is a process within the rules themselves to examine the conduct of legislators within legislative bounds: it is called an "ethics investigation."  That investigation can lead to dismissal, resignation, or recall from parliament and possibly prosecution by the AG, but not before. Please gentlemen, take it very slowly, and learn, why democracy thrives in other societies. And it does seem like Stevek just learned the use of the word "revanchist." It is like Caliban learning speech. Quite exciting!
Obi Nwakanma





Wilson Iguade

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I hope sey una naw dey waste una time on Rastafarian Dude (Obi Nwakanma) because he has definitely demonstrated time and time again he does not understand the basic principles of governance in a presidential system of government. Now, he claims expertise in Igbo method of governance and perhaps therein lies his confusion. 

Stay tuned! Iguade


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Wilson Iguade

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Ditto VC Aluko's post, because it is accurate information. Iguade


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Wilson Iguade

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Quote 
I can understand when an uninformed person like Canice Stanley Onuoha displays ignorance in a subject that he knows nothing about and forgive him considering that he has no ears and therefore permanently deaf. 
By Emeka Reuben Okala
Unquote 

Response: Virtually all of us understand that Canice Stanley Onuoha is a dumb ass, but we let wobble and slimmy the joint due to out human kindness. 

Stay tuned! Iguade

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Wilson Iguade

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Don't flatter yourself by begging me to do what you think I will do, you have not rise up to being cursed by moi, Hehehehe! 

Honestly, you are free to think of Obi in any manner that jacks you off. I have expressed the manner in which I see him by his posts. Enjoy your day. Iguade


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On Jul 5, 2016, at 7:23 AM, Vin Otuonye <vincent...@msn.com> wrote:

Iguade:

Obi Nwakanma understands principle of government in a presidential system far better than you. What he didn't say you guys input it on him. He never said the legislature prosecutes. Those are duties of the executive - the attorney general.

Now, curse me out.

Vin Cool Breeze Otuonye

On Jul 5, 2016 8:16 AM, Wilson Iguade <igu...@hotmail.com> wrote:
I hope sey una naw dey waste una time on Rastafarian Dude (Obi Nwakanma) because he has definitely demonstrated time and time again he does not understand the basic principles of governance in a presidential system of government. Now, he claims expertise in Igbo method of governance and perhaps therein lies his confusion. 

Stay tuned! Iguade


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On Jul 5, 2016, at 4:57 AM, Okoi Ofem Obono-Obla <okoi...@hotmail.com> wrote:


House Oversight Reports on Congress's Oversight Responsibility Published: Sep 22, 2010 Quite as important as legislation is vigilant oversight of administration.” –Woodrow Wilson in 1885 WASHINGTON D.C. – Rep. Darrell Issa, the Ranking Member of the Oversight and Government Reform Committee, released a report today entitled:  “A Constitutional Obligation:  Congressional Oversight of the Executive Branch detailing how “the vast expansion of the power and reach of the Executive Branch of government under both Republican and Democratic administrations has only increased the need for vigorous, unflinching Congressional oversight.” “The unparalleled encroachment of the federal government in the private sector and the lives of individual Americans that began during the Bush Administration and continues in the Obama Administration (see, for example, the Troubled Assets Protection Program, the American Recovery and Reinvestment Act, the rapid growth of the federal workforce, and the health care and financial overhauls) has led to concerns of an oncoming tsunami of opacity, waste, fraud, and abuse,” the report says.  “This trend must be met by vigorous Congressional oversight of the massive federal bureaucracy.” Congressional Research Service, 2010: “A fundamental objective of congressional oversight is to hold executive officials accountable for the implementation of delegated authority.  This objective is especially important given the huge expansion of executive influence in the modern era …. Clearly, given the role and scope of the federal establishment, the importance of Congress’s review function looms large in checking and monitoring the delegated authority that it grants to federal departments and agencies.” “Congress’ chief watchdog committee requested 61 percent less information in the first year of the 111th Congress than it did in the 110th,” the report reveals.  “The Committee held 21 percent fewer hearings, and the subjects of those hearings were too often far outside the most pressing issues facing the American people…Only four years ago Democrats lamented a lack of congressional oversight under one-party rule.  But today, at a time of unprecedented expenditures and growth in the federal workforce and its presence in Americans’ lives, with all the potential for fraud, waste, and abuse such growth carries with it, the Democratic-controlled Congress has consciously abdicated its Constitutional responsibility to provide oversight of the Executive Branch.” “We start with several basic premises on which there is general agreement.  The power of Congress to conduct investigations is inherent in the legislative process. That power is broad. It encompasses inquiries concerning the administration of existing laws as well as proposed or possibly needed statutes. It includes surveys of defects in the social, economic, or political system for the purpose of enabling Congress to remedy them. It comprehends probes into departments of the federal government to expose corruption, inefficiency, or waste.” – Chief Justice Warren for the Majority,Watkins v. United States What Congressional Democrats Said About Oversight of the Executive Branch In the year leading up to the 2006 midterm elections, Ranking Member Waxman intensified his attacks on the Republican Majority for what he considered their negligent oversight of the Bush Administration.  In January 2006, his staff issued a report stating the following: [T]he Republican-controlled Congress has failed to meet this constitutional oversight responsibility.  On issue after issue, the Congress has failed to conduct meaningful investigations of significant allegations o

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Rex Marinus

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"Congressional investigations can be.../ congressional investigations can lead..." semantics. The morphological structure of that statement in the end comes down to the very same principle: Congressional investigations are possible grounds for criminal prosecution. I really am done sweating these small stuff! Look, the equivalent of the office of the Inspector-General in the US government is the Office of the Auditor-General in Nigeria. The constitution of Nigeria is unequivocal in saying that as soon as the Accountant General submits his books, the Auditor-General prepares his own reports and sends to the National Assembly. The Auditor-General reports to no other! Why do you think this is? Corruption happens in government when parliament ignores the workings of the executive branch. Every part of the executive branch comes under Parliamentary scrutiny, including the office of the Attorney-General, which frequently comes under the scrutiny of the Judicial Committee, and who can be impeached by Congress if it finds his actions in conflict with the "public interest." As I have also stated here, it is congress that define what constitutes the "public interest." But at least we have agreed on the inquisitorial power of the legislature. That's progress, and we take it in small measures.

Obi Nwakanma





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Subject: [NIgerianWorldForum] Re: [NaijaPolitics] Re: Obi Nwakanma: Re: Aluko and A bit of US Congressional History
 
 

"Congressional investigations can also be criminal investigations." 


Mister,

What you wrote about is wrong.

What you could write is "Congressional investigations can lead to criminal investigations". That is, if the outcome of congressional investigations appears like a crime has been committed, then it is turned over to a Special Prosecutor by Congress if the subject of possible prosecution is in the Executive Branch or the President himself.

That was the case with Watergate.

Otherwise, all criminal investigations are done by the Executive Branch in the Department of Justice. Initial investigations can also be conducted by the Inspector General's Office in the Executive Branch and then, if there is finding of possible wrongdoing, the recommendation for prosecution is sent to the Justice Department of AG.

Stevek
Mitchellville, Maryland
The most dangerous trend in the world today is the growing awareness of the common man - Zbigniew Brzezinsky 1978
A wise man proportions his beliefs to the evidence - David Hume



From: "Rex Marinus rexma...@hotmail.com [NaijaPolitics]" <NaijaP...@yahoogroups.com>
Sent: Tuesday, July 5, 2016 7:43 AM
Subject: [NaijaPolitics] Re: Obi Nwakanma: Re: Aluko and A bit of US Congressional History

 
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Emekna Oknala;

Congress has the power of investigation through the power of the purse and the power to make laws and abrogate same. It is a simple concept and I cannot understand why people are having problems with this concept?

This is where I wish I have the power of patience like the natural teachers on this forum but I don't. If you cannot see that the power of EFCC derives directly from the parliament then I am sorry I cannot help you. If Nigerian legislature decides to kill the EFCC they can do anytime by abolishing it.

Ejo ni Mushin - Prince 

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On Jul 4, 2016, at 11:49 PM, 'Chukwuemeka Okala' via AfricanWorldForum <africanw...@googlegroups.com> wrote:

"Emekna Oknala [Emeka Okala],

I hold no brief for Rex Marinus but I will offer you Pol Sci. 101: In an executive system of government as practiced by the USA, power resides with the legislature. It is the legislature that actually governs. The power of government reside squarely with the legislature. The legislature make laws and the president can suggest to the legislature but cannot impose on the legislature. The legislature can originate a bill, debate it and pass it into law without consultation with the president except for his/her consent to sign the law. If the president rejects to consent to the law by signing it, the legislature can overrule him with 2/3 of the majority vote. The legislature controls the purse i.e. budget and can determine what department of government is funded or scraped by not funding it."  -  Canice Stanley Onuoha - the earless and legless reptile

Comment:
Canice Stanley Onuoha,
Your above narration is totally off on a tangent, I'm afraid!  Whilst the topic of debate is about the policy of the government of the day, you are exciting yourself in the functions of the Legislature. These are two different things. And this is how you fail your exams.

If I may ask you: What is the difference between the Democrat and the Republican parties? The simple difference is in the POLICY that each party wants to enforce if voted to power. And if the policy appeals to the electorate and they are finally voted in, they ipso facto have got the full MANDATE of the electorate to enforce that policy. The Legislatures have no reason to starve the administration with funds to implement the policy upon which basis they were elected.

"When Obama was elected the Republican congress vowed to frustrate his government and by not cooperating with him, he was barely able to be effective domestically.  Presently Obama wants to normalize relationship with Cuba but without the approval of congress it has remained a bridge too far."  Canice Stanley Onuoha - the earless and legless reptile.

Comment:
Another off on a tangent postulation by the earless and legless reptile. Look here (since you have no ears), Obama did not cruise to power on a promise to normalise relationship with Cuba. That idea came up as an on-the-job proposal, which individual members of the congress are even free to vote on conviction as opposed to party loyalty. Please we are talking about the main policy that brought Obama to power!

"The American founding fathers were very particular about where power should reside and they felt that the congress is the closest will of the people and therefore should govern." - Canice Stanley Onuoha - the earless and legless reptile

Comment:
This is altogether a different subject-matter for another day!

"I need not tell you that Nigeria is practicing the same system as the Americans."  -  Canice Stanley Onuoha - the earless and legless reptile

Comment:
Since you don't have ears, how can you hear what people say about the nitty-gritty of politico-systemic power in a democracy and its comparisons with systems across the globe? Difficult, init?

"You see Emekna [Emeka] Oknala [Okala], you are actually the one who is a neophyte and an imbecile in this discussion. You should learn to keep quiet in matters that you are ignorant about. While you are at it, pick up a book on the The Executive System of government.  -  Canice Stanley Onuoha - the earless and legless reptile

Comment:
Canice Stanley Onuoha,
Go and stand before a mirror. Whatever you see there is the political neophyte and imbecile that you have talked about. Dimwit!


Emeka Reuben Okala
London, UK
"Faith [Religion] and reason are not necessarily opposed. But when reason won't take you another step, faith keeps on going because it connects you to God."   
 
 


On Tuesday, 5 July 2016, 3:54, "Wharfery Snake wharf...@yahoo.com [NIgerianWorldForum]" <NIgerianW...@yahoogroups.com> wrote:


 
Chief Wilson Wily Iguana,

What Prof. Obi wrote is beyond your intellectual capacity. You should go to bed before you lose your feeble mind.


WS - A revered prince of Mushin.

Sent from my iPad

On Jul 4, 2016, at 10:35 PM, Wilson Iguade <igu...@hotmail.com> wrote:

Obi, 

Make you read below and ask yourself, why gari com pass water, in this case, you have no clue what you are talking about. I told you that you are a fictional writer and others are saying the same about you. You are now a "certified dunce", certify by the community in which you reside in cyberspace. 

Stay tuned! Iguade


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On Jul 4, 2016, at 9:11 PM, afis 'Deinde <odide...@gmail.com> wrote:

The guy is a storyteller, his mouth sweet. That's all.


Shikena 
Afis
“Just as a solid rock is not shaken by the storm, even so the wise are not affected by praise or blame.” — Dhamapada, verse 81.

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Mobolaji Aluko

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Obi Nwakanma:

Our differences are narrowing on this subject.

1.  We are agreed that a National Parliament has no PROSECUTORIAL powers outside of IMPEACHING either one of its own (according to its own internal protocols) or the head of the national executive (President/Prime Minister, etc.) according to the Constitution.    At that point, it must adopt procedures as CLOSE to court proceedings as possible, complete with the presence of counsel next to the accused, and the appointment of a Special Prosecutor WITHIN its own hallowed grounds.  Due to the political tone of impeachment procedures, very often the accused does not wish to go through the pain, because if the person resigns, he is NO LONGER subject to the Parliament, so the case becomes moot, and could become of interest PURELY to the Execo-judicial branch under the AGF if it is of sufficiently criminal nature.

2.  A Parliament can, after due (select) Committee investigation on ANY matter within its remit (oversight, law-making, internal regulation) ADVISE the AG to prosecute a case, but it cannot COMPEL the AG to do so if the President - to who the AG reports, and is supervised by - does not agree.  Let me be CLEAR and LOUD:  the AGF cannot prosecute a case without the tacit or explicit agreement of the President.  If the Parliament feels sufficiently seized of its demand, it can IMPEACH the President as a result of his refusal, and continue to impeach each succeeding President until he or she agrees, but the AGF CANNOT independent of the President initiate a court action, particularly if he feels the President is not agreeable.   After all, the AG is a POLITICAL appointee, EVEN in the United States.  (Talk of separating Minister of Justice and AG in Nigeria will not solve this political conundrum.)  This was what happened under Nixon, when he continued to fire AGs over Watergate,  until he saw that his position was no longer tenable AFTER counting the votes against him in the Senate, whereupon he resigned. (See below)

3.  The EFCC and ICPC are  another matter.  Their establishment laws SPECIFICALLY allows them to initiate cases WITHOUT reference to the President.  The law for that kind of independent activity must be EXPLICIT.

4.  Certainly, the Parliament cannot COMPEL the AG to drop ANY case that it has ALREADY initiated, that is enter a nolle prosequi.  It might appeal to the President to urge the AG to do so, but even the President will be well advised to allow the defendants to argue for an NP rather than interfere.  That is why a good AG should not file a case frivolously.

I stand to be corrected in all that I have written above.

In this Senate Forgery situation, Point #4 is important:  a case has been filed, and if the intent is to invite the AG to compel him to remove the case from court, that is late.  He may go in to explain why he is doing it, and advise the Parliament that the case is sub judice, and hence he cannot discuss it at any length, but he can frame his answers in broad constitutional matter to fully explain why he should not have been called in the first instance.  Calling the AG is also setting bad precedence:  with all criminal federal cases theoretically originating from the AG's office, he would be spending ALL of his time in Parliament if he can be called at any time to explain himself.  To that extent, the AG needs to be very well protected from shuttling between his office and Parliament all of the time.

And there you have it.



Bolaji Aluko



Nixon Forces Firing of Cox; Richardson, Ruckelshaus Quit
President Abolishes Prosecutor's Office; FBI Seals Records

By Carroll Kilpatrick
Washington Post Staff Writer
Sunday, October 21, 1973; Page A01

In the most traumatic government upheaval of the Watergate crisis, President Nixon yesterday discharged Special Prosecutor Archibald Cox and accepted the resignations of Attorney General Elliot L. Richardson and Deputy Attorney General William D. Ruckelshaus.

The President also abolished the office of the special prosecutor and turned over to the Justice Department the entire responsibility for further investigation and prosecution of suspects and defendants in Watergate and related cases.

Shortly after the White House announcement, FBI agents sealed off the offices of Richardson and Ruckelshaus in the Justice Department and at Cox's headquarters in an office building on K Street NW.

An FBI spokesman said the agents moved in "at the request of the White House."

Agents told staff members in Cox's office they would be allowed to take out only personal papers. A Justice Department official said the FBI agents and building guards at Richardson's and Ruckelshaus' offices were there "to be sure that nothing was taken out."

Richardson resigned when Mr. Nixon instructed him to fire Cox and Richardson refused. When the President then asked Ruckelshaus to dismiss Cox, he refused, White House spokesman Ronald L. Ziegler said, and he was fired. Ruckelshaus said he resigned.

Finally, the President turned to Solicitor General Robert H. Bork, who by law becomes acting Attorney General when the Attorney General and deputy attorney general are absent, and he carried out the President's order to fire Cox. The letter from the President to Bork also said Ruckelshaus resigned.

These dramatic developments were announced at the White House at 8:25 p.m. after Cox had refused to accept or comply with the terms of an agreement worked out by the President and the Senate Watergate committee under which summarized material from the White House Watergate tapes would be turned over to Cox and the Senate committee.

In announcing the plan Friday night, the President ordered Cox to make no further effort to obtain tapes or other presidential documents.

Cox responded that he could not comply with the President's instructions and elaborated on his refusal and vowed to pursue the tape recordings at a televised news conference yesterday.

That set in motion the chain of events that resulted in the departure of Cox and the two top officials of the Justice Department and immediately raised prospects that the President himself might be impeached or forced to resign.

In a statement last night, Cox said: "Whether ours shall continue to be a government of laws and not of men is now for Congress and ultimately the American people."

The action raised new questions as to whether Congress would proceed to confirm House Minority Leader Gerald R. Ford of Michigan to be Vice President or leave Speaker of the House Carl Albert (D-Okla.) next in line of succession to the highest office in the land.

Richardson met at the White House in the late afternoon with Mr. Nixon and at 8:25 p.m. Ziegler appeared in the White House press room to read a statement outlining the President's decisions.

The President discharged Cox because he "refused to comply with instructions" the President gave him Friday night through the Attorney General, Ziegler said.

Furthermore, Ziegler said, the office of special prosecutor was abolished and its functions have been turned over to the Department of Justice.

The department will carry out the functions of the prosecutor's office "with thoroughness and vigor," Ziegler said.

Mr. Nixon sought to avoid a constitutional confrontation by the action he announced Friday, the press secretary said, to give the courts the information from the tapes which the President had considered privileged.

That action was accepted by "responsible leaders in the Congress and in the country," Ziegler commented, but the special prosecutor "defied" the President's instructions "at a time of serious world crisis" and made it "necessary" for the President to discharge him.

Before taking action, Ziegler said, the President met with Richardson to instruct him to dismiss Cox, but Richardson felt he could not do so because it conflicted with the promise he had made to the Senate, Ziegler said.

After Richardson submitted his resignation, the President directed Ruckelshaus to dismiss Cox. When Ruckelshaus refused to carry out the President's directive, he also was "discharged," Ziegler said. The President's letter to Bork said Ruckelshaus resigned.

Mr. Nixon then directed Bork to carry out the instruction. Bork did so in a two-paragraph letter to Cox, in which he said that at the instruction of the President he was "discharging you, effective at once, from your position as special prosecutor, Watergate special prosecution force."

Bork signed his letter as "acting Attorney General."

Richardson told the President in his letter that he was resigning with "deep regret." He explained that when named Attorney General "you gave me the authority to name a special prosecutor."

"At many points throughout the nomination hearings, I reaffirmed my intention to assure the independence of the special prosecutor," Richardson said.

He said he promised that Cox would not be dismissed except for "extraordinary improprieties."

"While I fully respect the reasons that have led you to conclude that the special prosecutor must be discharged, I trust that you understand that I could not in the light of these firm and repeated commitments carry out your direction that this be done," Richardson said.

Richardson expressed "lasting gratitude" to the President, under whom he also served as under secretary of state, Secretary of Health, Education and Welfare and Secretary of Defense. He became Attorney General in May after the resignation of Richard G. Kleindienst, who explained that because of his close association with former Attorney General John N. Mitchell and others involved in Watergate he did not believe he should stay in the post and carry out their prosecution.

"It has been a privilege to share in your efforts to make the structure of world peace more stable and the structure of our own government more responsive," Richardson wrote Mr. Nixon.

"I believe profoundly in the rightness and importance of those efforts, and I trust that they will meet with increasing success in the remaining years of your presidency."

The President replied with a one-sentence letter, addressed "Dear Elliott." It said: "It is with the deepest regret and with an understanding of the circumstances which brought you to your decision that I accept your resignation."

The White House did not release an exchange of letters between Ruckelshaus and the President. But Ruckelshaus wrote a resignation letter and released it.

In a letter to Bork, the President, noting that by law he was acting Attorney General, said that Cox had "made it apparent that he will not comply with the instructions I issued to him."

"Clearly the government of the United States cannot function if employees of the executive branch are free to ignore in this fashion the instructions of the President," Mr. Nixon wrote.

"Accordingly, in your capacity of acting Attorney General, I direct you to discharge Mr. Cox immediately and to take all steps necessary to return to the Department of Justice the functions now being performed by the Watergate Special Prosecution Force.

"It is my expectation that the Department of Justice will continue with full vigor the investigations and prosecutions that had been entrusted to the Watergate special prosecution force."

At the Justice Department, where there were repeated requests by newsmen to interview Richardson and Ruckelshaus, department spokesman John W. Hushen said they had "no desire to come out and talk to newsmen."

Hushen quoted Bork: "All I will say is that I carried out the President's directive."

Hushen said that Richardson would hold a news conference "within a few days." Beginning about 8 p.m., Richardson spent an hour or so calling "relatives, friends and associates," Hushen said.

White House aides, visibly shocked by the developments, argued that when direct quotations from the presidential tapes are released they will restore confidence in the President.

Sen. John Stennis (D-Miss.), picked by Mr. Nixon to listen to all the tapes, will have "unlimited" access to the pertinent recordings and can decide what should or should not be disclosed.

Stennis is expected to begin listening to them soon, possibly early this week. Those requested by the special prosecutor run 10 hours and one minute. Stennis may decide to listen to all or parts of them more than once. He will be the only one to do so. The President's statement on the tapes and excerpts from them will be delivered to the U.S. District Court here and to the Senate Watergate committee at the same time, officials said.

UNQUOTE



Wharf A. Snake

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Alagba Afis:

Please back your statement with verifiable documentations sir? Please show us the statues imbuing the President with the powers you claim below.


Ejo ni Mushin - Prince 

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Wilson Iguade

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Slimmy Wobbly Creature,

Thank me for teaching you to reply as you did below. Oya, move to thank me now. Iguade


DIPO ENIOLA

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Presently Obama wants to normalize relationship with Cuba but without the approval of congress it has remained a bridge too far. - Ejo ni Mushin



Wharf the Snake of Orlu:
 
But except for the sanctions imposed by Congress which only can be removed by an Act of Congress, President Obama has achieved and effected quite a number of changes to the American-Cuban relationship/policy. The USA embassy has re-opened in Cuba; while Cuba Embassy has also re-opened in Washington without congressional input. More Americans are now Visiting Cuba with relative ease. Cultural exchanges are improving. Flights are frequently going from USA and into Cuba. Thus, while Congress has a role in governance, The President of the USA has tremendous powers. And that is why; Republicans prefer to be in the White House than be in charge of Congress.  Even though the War Powers act confers on Congress to declare war, many USA Presidents have taken the country to war without the congressional approval. They don't refer to the office of the President of the United States as the most powerful office in the world for nothing.

The Oha 1
Ahu Nze Ebie Okwu






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Sent: Tuesday, July 5, 2016 11:21 AM
Subject: Re: [africanworldforum] Canice Stanley Onuoha: Re: Ayo Ojutalayo: Re: The president has no constitutional mandate to probe corruption (Opinion by Obi Nwakanma)

Rex Marinus

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Bolaji:

The inquisitorial power of the legislature gives it certain grounds to conduct  what the US Congress calls impeachment hearings, yes. Just as the President of the republic can be impeached, so also the Attorney-General, or any minister of government. And yes, we are agreed that the prosecution of crime is the duty of the executive, through the Attorney-General. I have never argued otherwise. What I have stated are (a) Parliament is the only institution empowered to conduct an investigation of the government. Sometimes that investigation can lead to prosecution, and sometimes as in the example of an impeachment process, can be, in short a prosecution. That we have agreed on, and (b) the prosecutorial function of the AG is not absolute. Unlike what Okoi believes, the AG is no law unto himself. The National Assembly has the right and the power to invite the Attorney General to clarify certain issues about government involvements in a prosecution. It might not necessarily be to ask him to withdraw a case, but to clarify the nature of the "public interest." In actual fact, as it has happened many times, if Congress seals a case, the Justice department backs off. There are numerous such cases, some of them having to do with US National security. A case already in court may most likely be abrogated by the request of Parliament, but most likely by a court, as in the case of the vexatious intervention of the AG on this alleged forgery case, because it was without grounds, and it did not comply with "public interest." The power of the Attorney-General to enter a "nolle prosequi" is precisely granted it by the very Act establishing that office, in the service of the "public interest." For instance, again, when a case has to do with the national security interest, and the matters are to be classified. Please note also that the only arm of government which defines the public interest is the elected parliament of the land. The National Assembly might also commence impeachment proceedings against the AG if it investigates its office and determines that the AG has misused his powers. That is the wide powers that the National Assembly has. And as I also have said, the AG violated the process in bringing before a court, the leadership of the Nigerian senate, in contravention of the principle of parliamentary immunity, and the sanctity of the legislative process which regulates itself through its own ethics committee. It is a misuse of legal process, and it is the obligation of the National Assembly to invite the AG to answer questions about the use of tax payers money in the possible pursuit of vendetta. Such is the right and obligation of the National Assembly. Misuse of office is corruption. So, if the Nigerian National Assembly had lived up to its constitutional mandate, there will be very little corruption in the public system. It is not the president's mandate to investigate corruption. He may be mandated to prosecute cases of corruption after the due process. His mandate is to execute the laws passed by the parliament of the land. That is my argument.

Obi Nwakanma





Sent: Tuesday, July 5, 2016 3:07 PM

Obi Nwakanma:

Our differences are narrowing on this subject.

1.  We are agreed that a National Parliament has no PROSECUTORIAL powers outside of IMPEACHING either one of its own (according to its own internal protocols) or the head of the national executive (President/Prime Minister, etc.) according to the Constitution.    At that point, it must adopt procedures as CLOSE to court proceedings as possible, complete with the presence of counsel next to the accused, and the appointment of a Special Prosecutor WITHIN its own hallowed grounds.  Due to the political tone of impeachment procedures, very often the accused does not wish to go through the pain, because if the person resigns, he is NO LONGER subject to the Parliament, so the case becomes moot, and could become of interest PURELY to the Execo-judicial branch under the AGF if it is of sufficiently criminal nature.

2.  A Parliament can, after due (select) Committee investigation on ANY matter within its remit (oversight, law-making, internal regulation) ADVISE the AG to prosecute a case, but it cannot COMPEL the AG to do so if the President - to who the AG reports, and is supervised by - does not agree.  Let me be CLEAR and LOUD:  the AGF cannot prosecute a case without the tacit or explicit agreement of the President.  If the Parliament feels sufficiently seized of its demand, it can IMPEACH the President as a result of his refusal, and continue to impeach each succeeding President until he or she agrees, but the AGF CANNOT independent of the President initiate a court action, particularly if he feels the President is not agreeable.   After all, the AG is a POLITICAL appointee, EVEN in the United States.  (Talk of separating Minister of Justice and AG in Nigeria will not solve this political conundrum.)  This was what happened under Nixon, when he continued to fire AGs over Watergate,  until he saw that his position was no longer tenable AFTER counting the votes against him in the Senate, whereupon he resigned. (See below)

3.  The EFCC and ICPC are  another matter.  Their establishment laws SPECIFICALLY allows them to initiate cases WITHOUT reference to the President.  The law for that kind of independent activity must be EXPLICIT.

4.  Certainly, the Parliament cannot COMPEL the AG to drop ANY case that it has ALREADY initiated, that is enter a nolle prosequi.  It might appeal to the President to urge the AG to do so, but even the President will be well advised to allow the defendants to argue for an NP rather than interfere.  That is why a good AG should not file a case frivolously.

I stand to be corrected in all that I have written above.

In this Senate Forgery situation, Point #4 is important:  a case has been filed, and if the intent is to invite the AG to compel him to remove the case from court, that is late.  He may go in to explain why he is doing it, and advise the Parliament that the case is sub judice, and hence he cannot discuss it at any length, but he can frame his answers in broad constitutional matter to fully explain why he should not have been called in the first instance.  Calling the AG is also setting bad precedence:  with all criminal federal cases theoretically originating from the AG's office, he would be spending ALL of his time in Parliament if he can be called at any time to explain himself.  To that extent, the AG needs to be very well protected from shuttling between his office and Parliament all of the time.

And there you have it.



Bolaji Aluko



Also from the Post: Calls for Impeachment grow louder. Go to Watergate Chronology. Go to Watergate Front. Nixon Forces Firing of Cox; Richardson ...


Chukwuemeka Okala

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Ayo Ojutalayo,
Until his mask was removed, I hardly reacted to any piece by Canice Stanley Onuoha - no matter how tempting. I now respond to some of his takes because I have known his name. But he remains the earless and legless reptile - snake. What do you expect from an accursed snake without ears and legs that is permanently condemned to deafness? Honestly, Canice Stanley Onuoha makes no meaning to me.

I get worried about the unscientific fabrications that Obi Nwakanma disseminates here. My concerns stem from the fact that he is a professor. Young and innocent ones who read him without making verifications, may go home with the falsehood that Obi Nwakanma fabricates here. If his contributions here are a yardstick to measure the quality of the learning that takes place amongst his students, then you can imagine what that means.

Have a good one,

Emeka Reuben Okala
London, UK
"Faith [Religion] and reason are not necessarily opposed. But when reason won't take you another step, faith keeps on going because it connects you to God."  
 
 


On Tuesday, 5 July 2016, 15:42, "Rex Marinus rexma...@hotmail.com [NIgerianWorldForum]" <NIgerianW...@yahoogroups.com> wrote:


 

"88. (1) Subject to the provisions of this Constitution, each House of the National Assembly shall have power by resolution published in its journal or in the Official Gazette of the Government of the Federation to direct or cause to be directed investigation into -
(a) any matter or thing with respect to which it has power to make laws, and
(b) the conduct of affairs of any person, authority, ministry or government department charged, or intended to be charged, with the duty of or responsibility for -
(i) executing or administering laws enacted by National Assembly, and
(ii) disbursing or administering moneys appropriated or to be appropriated by the National Assembly.
(2) The powers conferred on the National Assembly under the provisions of this section are exercisable only for the purpose of enabling it to -
(a) make laws with respect to any matter within its legislative competence and correct any defects in existing laws; and
(b) expose corruption, inefficiency or waste in the execution or administration of laws within its legislative competence and in the disbursement or administration of funds appropriated by it.
89. (1) For the purposes of any investigation under section 88 of this Constitutional and subject to the provisions thereof, the Senate or the House of Representatives or a committee appointed in accordance with section 62 of this Constitution shall have power to -
(a) procure all such evidence, written or oral, direct or circumstantial, as it may think necessary or desirable, and examine all persons as witnesses whose evidence may be material or relevant to the subject matter;
(b) require such evidence to be given on oath;
(c) summon any person in Nigeria to give evidence at any place or produce any document or other thing in his possession or under his control, and examine him as a witness and require him to produce any document or other thing in his possession or under his control, subject to all just exceptions; and
(d) issue a warrant to compel the attendance of any person who, after having been summoned to attend, fails, refuses or neglects to do so and does not excuse such failure, refusal or neglect to the satisfaction of the House or the committee in question, and order him to pay all costs which may have been occasioned in compelling his attendance or by reason of his failure, refusal or neglect to obey the summons, and also to impose such fine as may be prescribed for any such failure, refused or neglect; and any fine so imposed shall be recoverable in the same manner as a fine imposed by a court of law.
(2) A summons or warrant issued under this section may be served or executed by any member of the Nigeria Police Force or by any person authorised in that behalf by the President of the Senate or the Speaker of the House of Representatives, as the case may require."
- Constitution of the Federal Republic of Nigeria

I'm sad to say that Okoi has demonstrated in his response, a profound ignorance of the constitution of the federation of Nigeria, and the principles of the separation of powers that anybody who took a class in High school government ought to know. Legal training is one thing, but if it precludes ignorance of the civic process of the land, and the philosophy of its government, then I have the right to question the quality of legal training that says because the president appoints  the heads of the statutory departments of the state that deal with law enforcement, that therefore gives the president the power to carry out both legislative and judicial functions. First, the laws establishing these bodies is an Act of the National Assembly, and the authority granted them is by leave of such an act. The National Assembly has the power to abrogate and defund such agencies by its powers of amendment, and as a matter of fact, redirect the issuing authority that superintends such bodies, through their power to (a) determine its means of funding, and (b) its powers to determine their uses in law. In any case, the president does not have SOLE authority in appointing, say, the Inspector-General of the Nigerian Police, he does so on "advise" of the Police Council, who may or may not agree with the presidents appointments, in which case, anybody appointed by the president without satisfying that constitutional requirement cannot be deemed to hold a legitimate position. This is the law as defined by the constitution. But I'd like to refer people to the constitutional provisions excerpted above.

The constitution of Nigeria is so very unambiguous in defining who has the power to investigate any arm of the state. The judicial committee of the National Assembly has absolute supervisory authority over the Attorney-General, whom it can summon, and whose office it may, subject to the legislative power granted the National Assembly, either impeach, abrogate, or defund, irrespective of the appointive power of the president. The constitution of the republic is clear that the National Assembly can summon any body, including the president before it, question him, and if they find him guilty of "gross misconduct" impeach him by a two-third majority. The Constitution is unambiguous in the fact that the President of senate or the Speaker of the HOR may issue a warrant to ANY member of the police Force, or any person authorized in that regard by these officers of the Legislature, including presumably a bounty hunter sworn to become a law office pro tem by a justice of the peace, to serve a warrant on anybody, including the president to appear before it. The power therefore to issue orders to the police does not reside alone in the office of the president, and may even be countermanded, by a simple declaration of the National Assembly. But specifically, the Act of the federation establishing the office of the president is clear: there is no where in the constitution that grants the president his powers which includes in the exercise of such powers, the power to investigate, and compel the probing of the finances of any department of government. It is not a constitutional mandate of the president or the Attorney General. It is the clear constitutional mandate of the National Assembly. The mandate of the president is to execute the laws as is. The constitution established the office of the Auditor-General to REPORT possible corruption in government. Such report is duly passed to the NA which immediately begins a probe of government, including a probe of the office of the president as the case may be. Failure to do this is one of the central failures of the Nigerian parliament since the return to constitutional rule.

The President and his Attorney General are required only to, following any resolutions of the NA commence prosecution of all corruptions, after due and diligent investigation before the courts. What are the standing functions of these law enforcement institutions? It is simply, to comply with the Acts of the National Assembly that established them in the first place which include (a) identifying crimes (b) anticipating the commission of crimes, and (c) securing the state against the breakdown of laws as a result of crimes, and (d) providing the evidence on behalf of the state before the courts of the land to punish crimes. Crimes covered under the Code of Conduct for public officers are also to be investigated and punished, and such punishment includes crimes committed by members of the National Assembly, including the crimes of bribery, possible, treason, and so on, covered under the criminal code, after their investigation be the ethics committees of the Senate or House. But no legislator can be arrested for debates and actions conducted in the Chambers of the Parliament, in so far as those acts, pertain to legislative function. But a president can be impeached and arrested by the order of the National Assembly. I am actually frequently embarrassed by the terrible ignorance of many a Nigerian purportedly educated, but who has never bothered to read the constitution, or who have no idea how the basic institutions of government interact and function under democracies. There are many legislators who do not understand the basic language of the constitution, and many who have never read it, and there are many still, among purportedly "educated" Nigerians who huff-and-puff about good governance, but whose limited knowledge of the process of civil governance is beneath the abilities of my Terrier.  Damn! Read folks! It is not too much to ask before engaging in public discussions.
Obi Nwakanma






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Subject: Re: Ayo Ojutalayo: Re: The president has no constitutional mandate to probe corruption (Opinion by Obi Nwakanma)
 
__._,_.___

Posted by: Rex Marinus <rexma...@hotmail.com>

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Okoi Ofem Obono-Obla

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‎Obi , you did not study legal philosophy , so you will know the mechanics of the science of jurisprudence ( no matter on knowledgeable you think you are)! It is not  Okoi who said that the AGF is a law unto himself! I paraphrased what Kayode Eso, JSC ( as he then was) (who wrote the lead judgment of the Supreme Court) in the celebrated case of State Versus Ilori decided by the Supreme Court in 1983 ,while illuminating on the pre-eminent position of the AG in the Common Law Tradition! 

Sent from my BlackBerry 10 smartphone.
From: Rex Marinus
Sent: Tuesday, 5 July 2016 17:00

Wilson Iguade

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QUOTE 
I get worried about the unscientific fabrications that Obi Nwakanma disseminates here. My concerns stem from the fact that he is a professor. Young and innocent ones who read him without making verifications, may go home with the falsehood that Obi Nwakanma fabricates here. If his contributions here are a yardstick to measure the quality of the learning that takes place amongst his students, then you can imagine what that means.
UNQUOTE by Emeka Reuben Okala

Emeka, 

your concern is a shared one by all decent people in the fora, and that is EXACTLY why some of us fight these idiots in the fora. Iguade


Wilson Iguade

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Mobolaji Aluko

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Obi Nwakanma:

Our differences continue to narrow.

Now while we agree on a number of points, I do not wish you to state that we agree on what we don't.  I do not for example agree that the Parliament is the ONLY agency empowered to investigate Government.

What is "Government" in our context?  That is the Executive, the Judiciary and the Legislature.  Each branch can INITIATE investigation into ITSELF - the President can for example initiate an investigation into the Ministry of Education, through an inter-ministerial investigation committee - while the National Judicial  Council can initiate matters that have to do with judges.  Ditto for the Legislature, into itself.  When CRIMINAL activity is found, it is OBLIGATED to refer it to the IGP who initiates arrests, and the AGF who initiates prosecution.   What the Legislature has advantage of is that it statutorily has OVERSIGHT into the other arms of government, so it does have broad powers to investigate THE OTHER ARMS.  The Presidency has limited power to investigate the two other arms of government, but the Judiciary has almost no powers at all to investigate any of the other arms except itself, since all cases eventually end up with it.

Now where criminal or even civil acts exist which extend simply BEYOND either the Judiciary or the Parliament - for example when ordinary citizens or lawyers bribe Judges, or where Legislators (who may have immunity to say anything WITHIN the Chambers) are alleged to employ National Assembly workers and printers to forge and print documents surreptitiously at night, that extends BEYOND a simple investigation of those other two arms themselves.  If a National Assembly legislator rapes an Assembly worker, he cannot claim that unless its own Ethics Committee investigates it, the National Assembly worker cannot bring a case against the legislator.  That would be absurd.

I hope that you get my point with respect to the limits of the separation of powers when it gets to criminal investigations.

And there you have it.


Bolaji Aluko

Joe Attueyi

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Folks 
I have followed this debate with interest---and must say I have learnt much more from the interventions / postings of Rex Nwakanma and Prof Aluko than from the lawyers who have attempted to comment on Obi's original article. I suspect Nebu would have had substantial additions if he had the time. 

Moral of the story: the law is an ass and what does that make lawyers---especially those on these forums?

Joe



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Wharf A. Snake

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Oha of Ohafia,

You should know that the US does not have an ambassador in Havana. Congress has to approve that and they have not. What is in Havana is the Chargé d'affairs, a common diplomat. There is a reason why republicans are up in arm over Obama's overreach and the reason they call him an emperor. He has tried everything to dance but in the end Congress is the big elephant in the room. 

Without a doubt a man who manages an economy the size of the US s a very powerful man but the owner and controller if the money spent by the President is the boss. 

A president can circumvent congress and go to but congress can stop the war at its pleasure by drying up funds for that adventure. Without money the president can do nothing.

Oha, in the annals of Presidential System of Government the congress is the big boy.

Let me refer you to US history 101: http://www.ushistory.org/gov/6a.asp

Pay particular attention to this part where it states that 

The Constitution specifically grants Congress its most important power — the authority to make laws. A BILL, or proposed law, only becomes a law after both the House of Representatives and the Senate have approved it in the same form. The two houses share other powers, many of which are listed in Article I, Section 8. These include the power to declare war, coin money, raise an army and navy, regulate commerce, establish rules of immigration and naturalization, and establish the federal courts and their jurisdictions.


Ejo ni Mushin - Prince 

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Wilson Iguade

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"I suspect Nebu would have had substantial additions if he had the time. " By Ole Pastor Joe Attueyi

Above is from one crook trying to validate his relevance by invoking a phantom  (a figment of his imagination). Joe Attueyi TOLD us in this fora when I specifically asked him if he knew a certain individual, referenced, in his quote. He told us NO! 

Now, he want inputs from a phantom, a THING he told us he has NEVER spoken to or seen by him. Joe Attueyi just keeps increasing doubts about his true character as a person. Now, we know by his own admittance that he provided $500,000 and how he got that money, is yet to be documented. Second, he wants a phantom with no law degree that ANYONE knows of to have "substantial additions" on a constitutional/legal matter. 

Yep! This dude is truly "best and brightest" CROOK. 

Also, I noticed that he is yabbing Imperial today, when not too long ago he was begging Imperial for connection on FOREX. Talk about a fucked up group of people leading their followers to the abyss. Tufiakwa!

Stay tuned? Yeye dey smell. 

Iguade





Subject: Re: [africanworldforum] Re: Obi Nwakanma: Re: Aluko and A bit of US Congressional History

Ezeana Igirigi Achusim

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It is remarkable that the spirited discussions are sans name calling and have been civil. Yes, we miss Nebu, the person that Buhari should have selected as the AGF, if only Buhari had a certificate and was not an Igbo hater. If he erased the PPP on the Niger bridge, selected Nebu as his AGF, Ezeana would be out there blowing the trumpets for Buhari and no one would ever know that he did not have a certificate. Agitations for Biafra would never be. Niger Delta Avengers would never be. 

And I am

Ezeana Igirigi Achusim
Odi-Isaa
Nwa Dim Orioha AkA Onyeukwu 

Sent from my iPhone

Asagwara, Ken (MET)

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And every time an African is listed as a poet in English language - a language he speaks with a heavy foreign accent - a man pushing a broom comes to mind.” Steve Kueberuwa

 

Steve; yours above excerpted is in reference....

 

I was away from the forums in the past several days returning less than an hour ago. As I deleted left and right the near two thousand mails in my inbox , yours happened to catch my attention and interest.

 

Man, are you really serious or simply shucking and jiving? I hope so for if not, I wonder what some of these African poets/writers, if reading you, would say for selves and their fraternity in literature:

 

Wole Soyinka – Noble Laureate

Kofi Awoonor

Chinua Achebe (Late)

Kwesi Brew

David Diop

Niyi Osundare

J. P. Clark (Late)

Lanre Peters

Gabriel Okara; just to mention a few of them.

 

Well; maybe it is colo-mentality to deride one’s own. Thought I wouldn’t associate such with you.

 

Mazi KC Prince Asagwara

 

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Subject: Re: [NaijaPolitics] Re: [NIgerianWorldForum] Re: Ayo Ojutalayo: Re: The president has no constitutional mandate to probe corruption (Opinion by Obi Nwakanma)

 

 

Emeka,

 

It is your fault for taking Obi seriously in what he writes here. Like Joe Attueyi, he has no training for what he writes. He is a poet.

 

And every time an African is listed as a poet in English language - a language he speaks with a heavy foreign accent - a man pushing a broom comes to mind.

 

Especially,  if he is a revanchist, like Obi.

 

As for the princely Snake, he is just funding. 

Stevek.

The most dangerous trend in the world today is the growing awareness of the common man - Zbigniew Brzezinsky 1978

A wise man proportions his beliefs to the evidence - David Hume

Sent from Yahoo Mail on Android

 

 

Ayo Ojutalayo,

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Hassan Olayiwola

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The Constitution delegates legislative power to Nigerian Congress. Congress's basic job is to exercise that power by enacting statutes (normally with the president's consent). The Court's basic job is to interpret those statutes, not in the abstract, but by determining how they should be applied in particular cases. And sometimes the Court must also decide whether a statute is constitutional.  How the Court performs those tasks determines whether its interpretations will effectively carry out the statute's objectives and helps determine whether its relationship with Congress will tend more toward the cooperative or the confrontational.
 
Whether we like it or not, government administration is everywhere. The Constitution vests the "executive Power" of the United States (same as Nigeria) in the president. The executive branch exercises that power by administering the laws that Congress enacts, and those laws are numerous. Government administrators implement laws that regulate the conduct of private businesses or individuals, that obtain money from citizens and businesses, that disburse funds, and that provide some goods and services directly.
 
Agencies (and here I include virtually all civil executive branch agencies, bureaus, and departments) typically possess great power. They write regulations that, like congressional statutes, take effect as law. They resolve disputes, often in much the same way that courts adjudicate controversies. They investigate private behavior. They impose sanctions, such as heavy fines, on those who violate their rules, and they license businesses or individuals to perform services. .  Some agencies enjoy special independence from presidential control e.g. Federal Reserve or Central Bank.
 
Despite the size and complexity of government administration, the Court often applies principles drawn from one branch of law, administrative law, when it reviews the lawfulness of an agency's actions.
 
At the end of the day, the public's confidence is what permits the Court to ensure a Constitution that is more than words on paper. It is what enables the Court to ensure- that the Constitution functions democratically, that it protects individual liberty, and that it works in practice for the benefit of all Nigerians.
 
But that is not the end of the matter.  The public's trust cannot be taken for granted. Public trust does not follow automatically from the existence of a written constitution. It must be built, and once built, it must be maintained.
 
Hassan Olayiwola



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alphonse nnadozie

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The War Powers Act did not confer on Congress the power to declare war.  The Constitution did.  The Powers Act was passed in 1973 in an attempt by Congress to check and reduce the Presidents' tendency to usurp that particular congressional power.  It required the President to keep Congress informed at specified intervals of the progress of short-term "police actions" abroad.  If the police action is not completed in 90 days, the President must go back to Congress and seek an extension of time..  . 


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akuta chinedu

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On Tue, 5 Jul, 2016 at 7:01, Rex Marinus rexma...@hotmail.com [NaijaObserver]
 

Ayo Ojutalayo

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Subject: Re: [NIgerianWorldForum] Re: Ayo Ojutalayo: Re: The president has no constitutional mandate to probe corruption (Opinion by Obi Nwakanma)

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On Tue, 5 Jul, 2016 at 7:29, 'Ayo Ojutalayo' via AfricanWorldForum
Obi,

Is it Congress that should "investigate" forgery and stealing by politicians and government officials using select committees?
Ayo Ojutalayo

“The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy. ” . . . Martin Luther King Jr
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