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CFRN | Certified Flight Registered Nurse

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CFRN - Certified Flight Registered Nurse - braindump

Vendor Medical
Exam Number CFRN
Exam Name Certified Flight Registered Nurse
Questions 19 Q & A
Recent Update April 18, 2018
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CFRN Certification Brain Dumps Source : Certified Flight Registered Nurse

Test Code : CFRN
Test Name : Certified Flight Registered Nurse
Vendor Name : Medical
Q&A : 19 Brain Dump Questions

Medical Certified Flight Registered

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Medcomtech : really good working towards capabilities - crucial Care and Flight Paramedic application | killexams.com real questions with brain dumps

observe classification: Sources Sought notice

Posted Date: 29-MAR-18

workplace handle: branch of the army; U.S. army clinical Command; center for fitness Care Contracting; ATTN: MCAA C BLDG 41972107 seventeenth road fortress Sam Houston TX 78234-5015

field: specialized practising services - essential Care and Flight Paramedic program

Classification Code: U - training & practicing capabilities

Solicitation number: W81K0418R0007

Contact: Michael S. Brown, Contract specialist, phone 2102954600, email [email protected] - JoLena M. Perkin, Contracting Officer, phone 2102214852, e-mail [email protected]

Setaside: N/AN/A

region of efficiency (tackle): toes Sam HoustonSan Antonio, TX

vicinity of efficiency (zipcode): 78234

region of efficiency nation: US

Description: department of the military

U.S. military clinical Command

core for health Care Contracting

this is A REQUEST FOR assistance (RFI) simplest. This RFI is issued totally for tips and planning applications - it doesn't constitute a Request for thought (RFP) or a promise to situation an RFP in the future. This request for information doesn't commit the executive to contract for any provide or carrier in any way. additional, the military clinical Command fitness Readiness Contracting office is not at present in quest of proposals and may not settle for unsolicited proposals. fascinated events are suggested the U.S. government will no longer pay for any advice or administrative prices incurred according to this RFI; all fees linked to responding to this RFI will be entirely at the involved party's fee. now not responding to this RFI does not ward off participation in any future RFP, if any is issued. If a solicitation is launched, it can be synopsized on the Federal enterprise opportunities (FedBizOpps) web site. potential responders are answerable for monitoring this web site for additional information referring to this requirement. observe: This RFI under W81K04-18-R-0008 is a revised/updated RFI below W81K04-17-R-0012 and does not represent a brand new, separate requirement. adjustments encompass an up to date North American trade Classification device (NAICS) code, size commonplace and language adapted into the performance work statement (PWS). historical past: the U.S. military clinical Command (MEDCOM) is for the reason that a non-personal functions requirement to supply really expert working towards functions in aid of the usmilitary crucial Care Paramedic software, army clinical branch middle and school (AMEDDC&S), U.S. army scientific Command (MEDCOM). really expert training capabilities contains, however aren't constrained to important Care and Paramedic practising, acceptable scientific rotations, and the charge and scheduling of the Flight Paramedic Certification exam (FP-C) and the national Registry of Emergency scientific Technicians (NREMT) psychomotor and written examinations for the countrywide Registered Paramedic (NRP) certification. the U.S. executive will now not pastime any supervision or handle over the contract service suppliers (CSPs) performing the features herein. Such CSPs will probably be liable solely to the Contractor who's, in turn dependable to the USA government.

In 2010, the AMEDDC&S and the us military faculty of Aviation drugs convened a Flight Medic essential task selection board which decided that the requisite ability level for a flight medic should be a paramedic with definite extra essential care talents. In 2011, the Journal of Trauma posted the paper "impact of crucial care expert flight paramedics on casualty survival all the way through helicopter evacuation in the existing war in Afghanistan". The look at confirmed affected person survival at forty eight hours changed into 66% higher when patients were transported by using critical care expert crews as compared to patients transported by way of crews who were now not knowledgeable in crucial care. This strongly supported the advice that vital care practicing should develop into the normal for Medical Evacuation (MEDEVAC) clinical suppliers. almost immediately thereafter, The military Surgeon commonplace, primarily based upon a advice from the AMEDDC&S Commanding ordinary, determined that the flight medic would be informed as a paramedic with crucial care practising. The army codified this sequence of selections in ALARACT 061/2012 which supplied notification of the requirement and intent to teach 68W Flight Medics to NREMT-P necessities with essential care practicing.

The development of the institutional training mannequin all started with the introduction of the critical Care Flight Paramedic program (CCFPP) at AMEDDC&S in late 2011. the primary pilot route changed into from February to August of 2012. The curriculum, taught with the aid of the school on the contractor's site followed the national Emergency Medical functions education requisites, as dependent by way of the national dual carriageway site visitors security Administration (NHTSA). a hit completion of the route makes it possible for the military scholar to effort country wide Registry of Emergency clinical Technicians (NREMT) Paramedic level cognitive and psychomotor examinations, as well as the essential care level FP-C examination.

The NREMT-P certified militia students transition directly to the crucial care direction, with the didactic element carried out at a contractor site, and important care clinical rotations at a executive chosen facility when attainable. each armed forces pupil will finished 176 hours of appropriate Medical rotations throughout the crucial care path. This amount tremendously handed the variety of hours required in civilian paramedic critical care lessons. The justification for this multiplied variety of hours is that flight paramedics within the civilian air ambulance group will commonly have three-5 years of full time adventure as a ground paramedic in advance of being hired. Given the talents for an army Medic to no longer have well-nigh that level of adventure, a substantial variety of Medical hours changed into introduced to the crucial care flight paramedic application to deliver an affordable Medical baseline for each medic. finishing the critical care course prepares the militia students to effort the overseas Board of specialty Certification (IBSC), Board for important Care Transport Paramedic Certification (BCCTPC), Flight Paramedic-certified (FP-C) cognitive examination.

because the institutional model changed into created for less than 210 authorizations to instruct per 12 months, it grew to be apparent it would no longer be feasible to meet the throughput vital to satisfy the FY13 NDAA directive.

The army created the domestic Station working towards choice to complement the throughput of militia college students. This option, outlined in ALARACT 028/2013 and updated in ALARACT 301/2013, allowed MEDEVAC units to ship soldiers to an authorised civilian paramedic practicing application. This alternative gives flexibility for contraptions and troopers to attain the working towards without needing to alternate obligation stations. this is extremely really useful to soldiers assigned to air ambulance gadgets that may well be pending a deployment cycle. moreover, this alternative is useful for country wide shield and Reserve unit troopers whose civilian employment would be severely disrupted for an individual training event.

via HQDA EXORD 149-17, The workplace of the Surgeon frequent (OTSG), the united states army Medical Command (USAMEDCOM) and the U.S. military notified contributors of the Aeromedical Evacuation communities with suggestions and course for manning the operational use of ASI F2 crucial Care Flight Paramedics. This EXORD, until formally rescinded or suspended, is still in impact unless 01 October 2024.

The latest institutional mannequin includes contracted services to deliver Paramedic and significant Care courses. The Paramedic course is 26 weeks in length. The essential Care direction is eight weeks in period including 176 hours of affected person contact Medical rotations carried out on the contractor's clinical facilities beneath a scientific practising agreement maintained via the contractor. at present it isn't feasible for the government to give this working towards internally, requiring the need for exterior outsourcing to behavior courses until such time because the govt is capable of doing a little or all of this assignment itself. The NAICS code assigned to the acquisition is 611519, different Technical and change colleges. The associated measurement commonplace is $15 million.different Technical and change faculties. A draft efficiency Work observation (PWS) is connected to this announcement for reference.

intention: 1) To request suggestions on capabilities of knowledge offerors to provide the capabilities described within the draft PWS as a way to verify if this may be set-aside. Please observe, resolution to set-apart this requirement for a small enterprise application or to compete it via full and open procedures has now not yet been made.

RESPONSES concerning skills SOURCES statement OF CAPABILITIES: interested events may still supply comments/enter to this RFI with the aid of submitting the following suggestions via email to Mr. Michael S. Brown, [email protected], now not later than four April 2018, 12:00 pm, central standard Time:

1. name of the company, aspect of contact, mobile quantity, e mail tackle, DUNS number, CAGE code, an announcement related to small business status (including small company class(s)/certifications(s) reminiscent of SDB, eight(a), HUBZone, SDVOSB, WOSB, and many others.) and the corresponding NAICS code.

2. If the dealer isn't physically determined in the 25 mile geographical standards of feet Sam Houston, San Antonio, TX, would the seller be inclined to facilitate a means to perform these courses with the 25 mile geographical standards if so, please include how you could meet these geographical restrictions. (satellite campus, partnerships, teaming agreements, etc. ) most effective the path itself have to meet the geographical obstacles, no longer the vendor region.

3. identify even if your enterprise is attracted to competing for this requirement as a chief contractor or now not. determine subcontracting, joint ventures or teaming arrangement that can be pursued, if any.

four. Small business Participation Plan. Pursuant to far 19.702(a)(1), except waivered, offerors may be required to put up a Subcontracting Plan IAW some distance 19.704 to fulfill here subcontracting dreams:

classification of enterprise % Small business concerns 33% Small deprived business* 5% lady-Owned Small company 5% HUBZone Small enterprise. three% provider-Disabled Veteran-Owned Small business three%

Please describe how your business would meet this requirements, or in case you feel your enterprise could be eligible to waiver this requirement, please describe these phrases.

5. Does your company presently have scientific practising Agreements (MTA) / Memorandums of figuring out (MOU) with scientific amenities The amenities shall have existing accreditation as a Chest pain core, Stroke core, Trauma middle, and /or have Pediatric Intensive Care Unit or Neonatal Intensive Care Unit.

YOUR RESPONSE TO THE SYNOPSIS: Please limit your documentation to the following page size, Font type and dimension, Spacing and page Numbering. Responses might be submitted using a Microsoft note document with web page measurement eight.5 by eleven inches. Font type might be instances New Roman, dimension 10-12 the use of average tabs and indent software elements with a minimum of single spacing between lines. Responses are restricted to no more than ten (10) pages for the total RFI response remark.

All responses shall be obtained no later than 4 April 2018, 12:00 pm, vital ordinary Time. Please reply by the use of piece of email (e-mail) to the Contracting Officer, JoLena M Perkins, at the following handle: [email protected] and Contract specialist: Michael S. Brown, at the following address [email protected] All questions have to be in writing and may even be directed to Michael Brown and JoLena Perkins. In all responses, please reference in the subject line RFI-W81K04-18-R-0008. Verbal questions are usually not authorized. This synopsis is for tips and planning functions best and isn't to be construed as a dedication by way of the govt nor will the govt pay for counsel solicited. Respondents are not notified of the consequences of the assessment. No telephonic responses may be authorised. No solicitation exists; therefore, do not request a duplicate of the solicitation. All transmitted suggestions marked proprietary shall be treated as such. hence, companies should establish any proprietary assistance in their responses. Proprietary substances will neither be allotted, nor mentioned with, another organization. suggestions submitted according to this can be used at the discretion of the government. additional, the counsel submitted will remain private insofar as approved with the aid of legislations, together with the liberty of information and privateness Acts.

link/URL: https://www.fbo.gov/spg/country/MEDCOM/DADA10/W81K0418R0007/listing.html

Copyright (c) 2018 Federal counsel & news Dispatch, Inc., source Federal files


Intensive Care Unit defense force nursing body of workers are all board licensed | killexams.com real questions with brain dumps

To be certified in essential care requires crucial thinking and for the primary time in years, the entire military nursing body of workers at the 88th clinical group’s Intensive Care Unit just proved they have got what it takes and became board licensed.

“Being one hundred percent certified is large,” pointed out Maj. Gary Webb, 88th Inpatient Operations Squadron important Care Flight commander. “This displays the great of nurses that are here in the ICU. Certification reinforces that particular competencies and experiences required for this classification of care and also helps nurses keep an up to date knowledge of acute and critical care nursing.”

The critical Care Registered Nurse certification is a credential granted by way of the American affiliation of vital Care Nurses Certification service provider. greater than 80,000 acute and demanding care nurses are licensed international. Nurses who bear the certification process will come out with superior talents of nursing care of acutely and significantly ill sufferers.

To be eligible to take the certification check, candidates should be an authorized registered nurse or superior apply registered nurse and have offered a required variety of hours of direct care of acutely and critically unwell patients. All hours must be documented and authorized earlier than taking the exam. Recertification is required each three years.

Being CCRN certified is not necessary for armed forces ICU nurses but is highly inspired. Webb said that having a CCRN certification reaffirms that they are significantly care educated and they can raise the pride to name themselves board certified. He brought that he is proud that the nursing staff has taken that extra step in their profession and career.

Webb and Col. Lorraine Gravley, vital Care Flight’s master clinician, both attest that through no skill is the examination handy to take and it turned into one of the crucial hardest exams they have got ever taken. however once passed, it gave them the validation that they'd the crucial care abilities.

“The test is not a black-and-white, question-and-reply look at various,” referred to Gravley. “The CCRN certification examination takes every thing nurses have realized and puts it all together into one examination to see in the event that they are protected to apply on the subsequent stage and in the event that they have in mind the realm of every thing that may come at them in crucial care. They offer you a situation of a patient so that you have to examine in the course of the scenario and pull out every vital time period and everything that will also be perhaps occurring with that affected person. The examine drives you to definitely use crucial considering and then you deliver what you suppose is the optimal answer. This certification reaffirms that you should pull every little thing to your skills in and have an outstanding abilities and hold close on it.”

Gravley noted ICU nurses can't compartmentalize Medical cases and should believe outdoor the container.

“The nurses should believe about that affected person and the way everything impacts them and the entire intricacies that goes with it,” Gravley mentioned. that is what we are searching for within the Air drive; we aren't trying to find those people who can answer the black-and-white questions. We desire those that can believe backyard the box.”

Col. Daniel Gerke, 88th scientific neighborhood’s chief nurse, spoke of CCRN licensed nurses have critical pondering potential that can't be trained in a lecture room. He talked about they have established they are greater than just intensive care nurses; they are accomplished intensive care nurses.

“once I see a person with a CCRN certification, i know that they can significantly suppose,” observed Gerke. “They are actually experts in what they do. It’s like being a marksman; they know they could hit the goal.”

The eight-mattress intensive care unit at the 88th scientific neighborhood Intensive Care Unit offers acute and demanding take care of approximately 300 sufferers a year.

“we now have knowledgeable nurses. we're a small facility, but the credentials the nurses lift are equal to any huge facility in the nation,” pointed out Gravley. “comprehend that once a family member is here in the ICU, we now have the equal degree of CCRN certified nurses because the ones at John Hopkins or the Mayo health center. all of them take the identical test.”


FAA should tackle clinical Reform, Certification and advertisements-B considerations, AOPA Tells Congressional Leaders | killexams.com real questions with brain dumps

FREDERICK, Md. – aircraft house owners and Pilots association (AOPA) President Mark Baker highlighted issues affecting commonplace aviation oversight, legislation, and certification all over testimony before the apartment Transportation and Infrastructure Committee on Tuesday.

Baker, who presented a press release<http://down load.aopa.org/advocacy/Testimony-on-Reauthorization.pdf> and testified all over a Nov. 18 listening to on “FAA Reauthorization: issues in Modernizing and working the Nation’s Airspace,” advised Committee participants that the ordinary aviation business is beneath stress made worse by outdated and cumbersome Federal Aviation Administration (FAA) laws and techniques.

“The regulatory and certification procedures used today may also have been obligatory 30 or 40 years in the past, however they effortlessly can't preserve pace with nowadays’s swift changes and improvements in expertise,” Baker told the Committee. “changing these techniques in ways that lower expenses, in the reduction of bureaucracy and enrich protection will support develop customary aviation. These should still be our collective goals.”

The Committee will play a essential role in FAA Reauthorization, the method of enacting legislations to authorize funding and set coverage priorities for the company.

throughout his testimony, Baker referred to three specific areas the place the time-honored aviation group wants better aid and responsiveness from the FAA—third-category clinical reform, plane certification and the adverts-B Out mandate.

Baker informed Committee contributors that third-classification clinical reform is lengthy overdue, certainly for the reason that the requested alterations would with no trouble expand an latest FAA usual safely used by way of sport Pilots for greater than 10 years. He introduced that Medical reform is a appropriate priority for AOPA individuals and the association is dedicated to continuing to work on a legislative solution within the next session of Congress.

In different areas, Baker advised the panel, the extremely prescriptive and rigid nature of FAA regulations has prevented safeguard advances from accomplishing the GA neighborhood.

“while the FAA’s want to create a ‘gold typical’ for security is admirable, in practice this method has had the opposite impact,” Baker pointed out. “allowing items that offer incremental defense advancements to reach the market greater right away would reduce costs, simplify flying, and ultimately improve safeguard for folks flying today and into the future.”

Baker additionally instructed the Committee that the FAA’s adverts-B mandate is simply too costly and threatens to ground or limit the use of many general aviation plane. Noting that greater than eighty one,000 of the 188,000 licensed piston-powered aircraft on the FAA registry are value $forty,000 or much less, and people plane have a weighted regular value of $25,800, Baker informed the Committee that the minimal $5,000 charge to set up required advertisements-B Out gadget is beyond the attain of many aircraft homeowners.

Baker emphasized that funding the FAA via excise taxes collected on fuel, instead of a user-payment equipment, has confirmed each efficient and advantageous. He remarked that the FAA’s pretty much $sixteen billion funds gives the agency enough components to make crucial changes within the means it oversees generic aviation. The problem facing the FAA, he observed, is to use those materials to satisfy the needs of stakeholders and improve efficiencies.

 “We need the FAA to embrace a equipment that may keep up with rapidly altering expertise; that's relaxed with well timed, within your means, and incremental security advancements; and so that you can definitely work to in the reduction of chance these days for tons of of thousands of GA pilots,” Baker talked about. “When pilots, business, and the FAA work together we see superb effects for widely wide-spread aviation.”

moreover Baker, the Committee heard from Calvin Scovel, III, inspector customary of the branch of Transportation, Nicholas Calio, president and CEO of airlines for the united states, Captain Lee Moak, president of the  Air Line Pilots affiliation, The Honorable John Engler, president of the enterprise Roundtable and Paul Rinaldi, president of the country wide Air site visitors Controllers association.

ABOUT AOPA

on the grounds that 1939, AOPA has blanketed the liberty to fly for heaps of pilots, aircraft owners and aviation enthusiasts. AOPA is the world’s biggest aviation member affiliation, with representatives based in Frederick, Md., Washington, D.C., and seven areas across the us. AOPA gives member capabilities that latitude from advocacy on the federal, state, and native stages to prison features, flight planning items, safety classes and award-winning media. To gain knowledge of more, discuss with www.aopa.org.




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N’ assembly Has Powers to alter the Election Sequence | killexams.com real questions with brain dumps

standpoint

A former attorney accepted and Commissioner for Justice in Benue State, Adum Ter Alex, argues that the charter gives unfettered powers to the countrywide meeting to examine the elections sequence

IntroductionThe very in demand and revered Prof. Attahiru Jega, former Chairman of the unbiased country wide Electoral fee (INEC) is pronounced to have opined at a public lecture delivered lately in Abuja that the country wide meeting lacks the constitutional powers to reorder the sequence of elections. consequently, he has suggested INEC to proceed to court to are trying to find judicial interpretation of the powers of the country wide meeting to reorder the sequence of elections. His thesis is that INEC is constitutionally independent and the sole body with the prerogative to repair the sequence and dates for the conduct of state and federal elections under the constitution of the Federal Republic of Nigeria (CFRN) 1999 as amended. based on the foregoing, he contends that the national assembly lacks the powers to tamper with or reorder the sequence of elections as launched by way of INEC in the course of the Electoral Act change devoid of deference to the constitutional powers of INEC to undertake, organise and supervise the organisation of federal and state elections as prescribed below the charter.

while I commend the 2d leg of the Professor’s intervention, which is to the extent that INEC may still to go to ourt, I most respectfully, youngsters, need to disagree with the first a part of his submission. the primary half contends that the country wide meeting lacks the energy to reorder the sequence of elections. this sort of proposition in our humble view is not best in error, however also at variance with the clear and unambiguous provisions of the charter and hazards misleading NEC, the executive and the undiscerning public. here's chiefly so, having regard to the entire principal provisions of the spoke of CFRN 1999 and the extant Electoral Act 2010 (as amended).

We hereby formulate and unravel three basic inquiries to wit:what's the restrict of the law-making powers granted to the country wide meeting below the 1999 CFRN?what is the extent of the powers vested in INEC under the pointed out constitution?; andDoes the reordering of the sequence of elections with the aid of the countrywide assembly in any cloth specific detract from its powers below the constitution, interfere with the powers vested in the INEC and its independence below the charter or constitute an illegality?

Powers of country wide assembly to Make laws beneath the 1999 charter

section four of the constitution offers that:(1)‘The legislative powers of the Federal Republic of Nigeria might be vested in a countrywide assembly for the Federation, which shall include a Senate and a condominium of Representatives’; and(2)‘The country wide meeting shall have energy to make legal guidelines for the peace, order and respectable govt of the Federation or any part thereof with admire to any count number covered in the unique Legislative list set out partly I of the second agenda to this charter.’

word that the underlined component emphasises that with appreciate to any rely covered on the unique Legislative checklist. This certainly suggests that the powers of law making for the order and first rate governance of Nigeria are vested in the countrywide meeting to the exclusion of another arm and authority of executive. To this extent, an intense view of the powers vested in parliament is to suggest that the national meeting is supreme. The implication is that the countrywide assembly has unfettered powers, subject simplest to the supremacy of the charter to make laws on any count number listed for its legislative competence by using the constitution.

A enormously revered constitutional legal professional, Prof. Ben Nwabueze, also opined that, “…the legislature is the assorted mark of a rustic’s sovereignty, the index of its status as a state and the source of plenty of the vigor exercised with the aid of the executive within the administration of government. The sovereign power of the state is therefore recognized within the organ that has vigour to make legal guidelines with the aid of legislation, and to difficulty ‘instructions’ within the kind of legislation binding on the group.” To this extent, it's trite to stress that no person can question the legitimacy or legality of a legislation made by means of the country wide meeting, except the Judiciary, and this is simplest the place the law is inconsistent with the constitution. See Abacha V. Fawehinmi (2000) 4SC (Pt. 11) and Bolonwu V. Gov. Anambra State (2009) 18 NWLR (Pt.1172) 13

This ability that the bounds of the powers of the countrywide assembly are simplest circumscribed via the charter. And this is most effective when it comes to matters where the constitution itself has lined the container. The precept is that the place the charter has defined or provided for the activity of a appropriate in a specific manner, no legislation either by way of the countrywide assembly or a state condominium of meeting can extend it in a statute in need of an outright constitutional amendment. See lawyer typical of Ogun State v legal professional well-known of the Federation [1982] 2 NCLR, 166, one hundred eighty-181, or repeat, reproduction, add or subtract from the availability. See lawyer accepted of Abia State v lawyer frequent of the Federation, (2002) 9 NSCQLR 670, 785, 788.

The implications of both authorities above are that only the constitution is superior to the countrywide meeting and where the national meeting exceeds its powers below the constitution, it is barely the Judiciary that can reverse it. this is as a result of beneath the principle of the doctrine of separation of powers in a constitutional democracy, the powers of assessments and balances are allocated in the three arms of executive as a result: the Legislature which makes the legislation, the executive, which implements the law and the Judiciary, which interprets the legislations. during this regard, the legislative powers of the country wide meeting are constitutionally restrained or subjected to the powers of the Judiciary to interpret the laws made with the aid of it to make certain that the country wide meeting does not develop into a law unto itself.

thus, the CFRN 1999, provides beneath part 4(eight) that: “keep as otherwise provided through this constitution, the activity of legislative powers by way of the countrywide meeting will probably be discipline to the jurisdiction of the courts of legislations and of judicial tribunals based through legislations and consequently, the national meeting or a house of assembly shall no longer enact any legislations that ousts or purports to oust the jurisdiction of a courtroom of legislation or of a judicial tribunal based with the aid of legislation.” it is crucial to stress that the countrywide assembly’s powers to make legal guidelines for the Peace, Order and decent Governance, is limited to concerns contained within the exclusive Legislative list. It can't be prolonged as in militia dictatorship or unconstitutional government to any half thereof and with appreciate to any count whatsoever.

So what are the limit, extent and scope of the powers of the national meeting under the spoke of unique Legislative record with respect to the conduct of elections? merchandise 22 of the 2nd schedule to the CFRN 1999 in any other case frequent because the unique Legislative list offers that the country wide meeting shall have powers to enact legal guidelines with respect to the “election to the workplaces of the President and vp or Governor and Deputy Governor and another workplace to which an individual may be elected under this constitution, aside from election to a native government council or any office in such council. “

it is pursuant to this provision, examine in conjunction with the provisions of area 4(2) and area 15 para (i) of the Third schedule to the constitution that the national meeting has at all times enacted the Electoral Act to guide the behavior of elections organised by means of INEC. The extant Electoral Act became enacted in 2010, and it is this Act that the national assembly seeks to amend in 2018 to, amongst different things, provide for the adoption of electronic vote casting, computerized electronic transmission of effects and reorder the sequence of elections to begin with the countrywide assembly elections, followed by State homes of assembly/Gubernatorial elections and the Presidential elections to hang closing.

reputation and Powers of INEC beneath the charter

With admire to the 2d question regarding the scope of the powers of INEC, it is essential to notice that the commission is one amongst the additional Ministerial Departments (EMDs) centered beneath section 153(1), CFRN 1999, in particular paragraph (f). And by advantage of its institution under the constitution, its biological felony character isn't like any other statutory agency or commission centered via an Act of the country wide meeting. our bodies centered by an Act of the national meeting are not so good as the INEC or sister organizations created beneath part 153(1) CFRN. this means that INEC and all of the statutory our bodies centered beneath part 153(1) are constitutional creations nearly akin to the countrywide assembly and it would no longer be presumptuous to state that the national meeting can not legislate on its powers, except expressly accredited to accomplish that by the charter. Put in another way, the constitutional fame of businesses created under part 153(1) capacity the national assembly cannot by legislations prolong or repeat, duplicate, add or subtract from the express, clear and unambiguous constitutional provisions related to their features, except where constitutional provisions aren't clear or a lacuna exists. the place there isn't any lacuna, no such legislative extension or subtraction of their powers is permissible, apart from an outright constitutional modification. See attorney well-known of Ogun State v legal professional general of the Federation (Supra) and legal professional accepted of Abia State v attorney normal of the Federation (Supra).

Having established the constitutional popularity of INEC and the boundaries of the powers of the countrywide meeting to intrude with its powers, the subsequent logical sub-question to unravel is, what are these constitutional powers that cannot be subtracted or added to and those that the country wide assembly is accredited so as to add, lengthen or subtract from INEC? here's the problem which seems to be the bone of rivalry in Jega’s submission with respect to the fresh reordering of the sequence of elections with the aid of the countrywide assembly.

area 15(a) of the Third agenda of the CFRN 1999 vests INEC with the only real constitutional powers to, amongst different issues, “organise, undertake and supervise all elections to the offices of the President and Vice-President, the Governor and Deputy Governor of a State, and to the membership of the Senate, the condominium of Representatives and the house of assembly of each State of the Federation.” area 132(1) gives that “an election to the workplace of President might be held on a date to be appointed by the INEC based on the Electoral Act.” similar provisions are contained in sections seventy six(1), 116(1) and 178(1) for country wide meeting, State houses of assembly and Governorship elections. What this potential is that besides the underlined powers below section 15(a) of the Third agenda, which is the vigor to organise, undertake and supervise elections to the outlined places of work, INEC additionally has the unique powers to fix the dates for the talked about elections. apparently, the constitution is, besides the fact that children, silent on the powers to sequence the elections and the type of vote casting manner to be adopted.

The faculty of concept, which contains Prof. Jega as its arc protagonist, however, holds the view that the powers to sequence the elections and all different incidental powers are also inherent in INEC by using essential constitutional implication. Jega and the seasoned-INEC college are persuaded in their view and are inclined to argue that a combined analyzing of the operative phrases in area 15(a) of the Third time table, which is to the extent that INEC is empowered to “organise, undertake and supervise all elections to the offices of the President and Vice-President, and so on. ….”, should be interpreted commonly. as a result, in spite of the very clear and unambiguous provisions of the section, which naturally excludes the powers to make a decision the mode and sequence of elections, the protagonists insist the powers are to be interpreted to provide absolute wholesomeness to the supremacy of INEC not only to conduct, however additionally to sequence the elections with out interference from any quarters. as an instance, the argument is that the power to ‘organise’ should still not simplest be understood to include the vigor of INEC to make necessarily preparations in order that the conduct of elections may also be executed conveniently, but should additionally extend to the vigor to prepare by systematic planning and united efforts, the methodical and productive sequencing of the elections corresponding to to make the task for the habits of the elections shaped right into a structured and coherent whole.

within the case of the vigor to ‘undertake’, it must go past the mere assumption of accountability for the habits of the elections to the responsibility for the techniques, processes, sequence and order of the elections. while regarding the vigor to ‘supervise’, it have to not just be viewed as the vigour to investigate cross-check with authority, however the vigor to superintend over the total system of the behavior of the elections. this could always include the powers to determine when, where and how the elections are to be carried out, together with the vigour to verify the mode, style and character of the elections.

The powers to fix the date additionally having being granted by the constitution, it follows that the power to repair the time and sequence of the elections must be construed as being collateral to the constitutional power to fix the date even if the charter itself is silent on that and the mode and grace of the election. This obviously will, youngsters, volume to importing distinctive meanings and words into the specific, clear and unambiguous provisions of the constitution; an act, which is actually at variance with the spirit and the letter of the charter. In Dominic Onuorah Ifezue V. Livinus Madugha & The Deputy Sheriff, Onitsha (1982). S.C. sixty eight, the Supreme court insisted that all statutes and the constitution should be literally construed and built the place the wordings are clear, categorical and unambiguous.

Constitutionality of Reordering Elections SequenceThis brings us to the third query, which is whether or now not the national assembly has not overstepped its bounds by the reordering of the sequence of election. In as a great deal as the seasoned-INEC arguments are persuasive, is it in reality correct to claim that the actions of the countrywide meeting in reordering the sequence of elections under the 2018 amendments of the Electoral Act, really constitutes a usurpation or an interference with the inherent constitutional powers of INEC?

In our humble view, the total subject is resolved below the doctrine of protecting the box. The proposition is that most useful insurance is constitutional coverage. It binds both arms and tiers of executive to its prescription. useless, we re-emphasis on the load of both in the past quoted judicial authorities that, once the constitution itself has above all offered for the pastime of a particular right or characteristic in a particular approach and manner, no be counted how faulty, now not even the national meeting can legislate to contrive an option method out of it, apart from through a constitutional modification. although, where it's silent on a particular count number it has partly coated the container, and the country wide assembly and handiest it, is empowered to legislate to cover up the lacuna or treatment the perceived mischief.

This means that the place there is any void in any constitutional provision, it is barely inside the constitutional province of the countrywide meeting to behave in correction of the void. this is why the Supreme courtroom during adjudicating over the 2011 circular of election petitions changed into brief to suggestions election petition litigants who felt a miscarriage of justice befell through the strict interpretation of the one hundred eighty days 2010 amendment to the CFRN 1999, to enchantment to the countrywide assembly for a further modification rather than inviting the court to strike it down. here's as a result of, it isn't permissible for the Judiciary or the executive and its businesses, no matter how loftily created, i.e., despite the fact that constitutionally crafted, to anticipate the powers to behave to cure the mischief, except such moves be restrained to asserting the full meaning of the letter, spirit and intent of the constitution or to interpret it as it is, no longer because it should be.

This principle become adopted in Abraham Adesanya v President of the Federal Republic of Nigeria and Anor. (1981) 5. S.C. 112 at 134, the place the Supreme court held that “courts have a duty when decoding the provisions of the … charter to seem to be on the charter as an entire and construe the provisions in such a way as now not to frustrate the ‘hopes and aspirations’ of those that have made the strenuous efforts to deliver the charter for the decent executive and welfare of all folks in the nation on the ideas of freedom, equality and justice.”

To this extent, while it's tempting to stretch the execution and interpretation of the powers of INEC as enunciated in section 15(a) of the Third agenda and Sections 132(1), 76(1), 116(1) and 178(1) to purport to encompass the powers of INEC to fix the sequence of elections, the internet outcomes of doing so will undermine our constitutional and democratic system of governance, since the combined analyzing of all of the primary sections of the constitution naturally shows that the letter, spirit and intent of the constitution failed to give this kind of powers in the INEC to sequence or decide upon the mode of elections.

On the contrary, the charter itself recognises that it has no longer covered the box, which is why sections 132(1), 76(1), 116(1) and 178(1) demand that INEC conducts elections it is empowered to habits according to the provisions of the Electoral Act as enacted by way of the countrywide assembly. section 15 para (i) of the Third agenda to the charter chiefly gives that apart from the constitutional powers or functions vested in INEC, the fee is to also “carry out such different functions as could be conferred upon it by way of an Act of the national assembly”, an injunction, which is consistent with the powers of the national meeting under area four(2) that offers that ‘The country wide assembly shall have vigor to make legal guidelines for the peace, order and decent govt of the Federation or any half thereof with respect to any matter covered in the unique Legislative list set out partly I of the 2d agenda to this constitution.” gadgets 67 and 68 of the said list extra beef up this energy.

note that “respectable government of the federation or any part thereof” in part four(2) is itself confined to concerns on the exclusive listing and never a blanket phrase or cover to translate a residual count of administrative nature applicable for residual administrative regulation to the exclusive list. If it did, it would suggest the country wide meeting could select on any field matter at its whim (in spite of its obvious residual nature) and legislate on it to bind the government and its administrative agencies, the Judiciary and other tiers of government in the name of decent governance of the federation or any part thereof once in a while. it is critical to emphasis that the charter doesn't vest the national assembly with such powers, as a result of when a constitution corresponding to a written constitution intends to give concurrent or unique power to an organ or constitutional agency of government, it does so expressly (by using featuring, ‘So and so organ of executive shall, to the exclusion of all other organs, make legal guidelines on so and so, or investigate so and so be counted or question, in so and so manner and method, and many others.).

It does not supply it in broad doubtful terms to be interpreted or guessed. The powers or services are on no account presumed; they're definite and particular. The literal meanings of the wordings of the charter are to be understood as they are, now not what they should be, since the charter is what it is and not what it should be. This evidently is the letter and spirit of the charter, which must be upheld. In attorney conventional v Mutual Tontine Westminster Chambers association Ltd (1876) 1. Ex D 469 & Bradlaugh v Clarke (1883) 8 App. instances. 354, Lord Jessel, M.R & Lord Fitzgerald maintained that the item of all interpretations is to find the intention of the lawmakers, which is deducible from the language used. once the language is obvious and unambiguous, the courts are to provide effect to it. The courts don't seem to be to defeat the plain meaning of an enactment by using the introduction of their own phrases and that means into the enactment.

for that reason, in as tons as the constitution has not given the countrywide meeting absolutely the powers to legislate on all matters, so additionally it has not exceptionally given INEC the powers to decide the sequence, formula and time of election. And in the absence of any specific provisions below all the significant sections of the constitution granting INEC the powers to fix the sequence or the mode and beauty for the conduct of the elections it's empowered to conduct beneath the charter, such powers have at all times been the field of legislations with the aid of the national meeting under the Electoral Act. in the extant Electoral Act 2010, for example, the mode and style of election are exact below section 52(1) as Open Secret Ballot, whereas digital vote casting is prohibited under Subsection 2 of the referred to area. The mode of accreditation, the hour of election and the sequence of elections are additionally offered beneath the Act, however are, however, left to the administrative discretion of the fee to execute. See Sections forty eight(1), forty nine(1) & (2) and 25 Electoral Act 2010.

via the combined provisions of Sections four(2), 15 para (i) of the Third time table, 132(1), 76(1), and 116(1) as well as 178(1), INEC is commanded by means of the charter to endeavor its powers in line with the Electoral Act as may well be enacted by means of the national meeting. for that reason, past the constitutional power to repair the dates of the various elections as expressly offered within the above mentioned sections of the charter, it's certainly clear that the vigor to sequence the elections isn't an influence vested in INEC with the aid of the constitution. If anything it is an influence vested within the INEC through the Electoral Act 2010, which become made via the countrywide assembly. For the avoidance of the doubt, section 25(1) of the Act provides that “elections into the places of work of the President and vp, the Governor and Deputy Governor of a State, and the membership of the Senate, house of Representatives and house of assembly of each State of the Federation shall be held in right here order-Election to every apartment of the country wide assembly shall hang on a date to be appointed by using the INEC in response to the constitution and this Act;

Election to a condominium of meeting of a State shall dangle on a date to be appointed by the INEC according to the charter and this Act;(5) An election to the pointed out workplace of the President shall cling on a date to be appointed via the INEC in response to the charter and this Act; and(7) An election to the workplace of the Governor shall cling on a date to be appointed by the INEC in line with the constitution and this Act.’

here is the sequence, which the countrywide meeting outlined in the Act. youngsters, a cautious studying of the leading body of section 25 with regards to Subsections (1), (three), (5) and (7), would suggest that there's a latent mischief. Whereas the leading area 25 combines the Presidential and Gubernatorial elections together and sequences them to return first, the country wide assembly and State meeting elections are mixed collectively to come back closing. the subsequent order in subsections (1), (3), (5) and (7), besides the fact that children, puts the countrywide meeting election first, State assembly 2d, Presidential third, and Gubernatorial last, a condition that allowed the INEC to take advantage of, by administratively reordering the sequence of elections in response to its discretion, a discretion that increasingly is at all times exercised in favour of the preferences of an incumbent President.

This has made it feasible for the incumbents to impact INEC, as changed into the case with President Jonathan in 2015, to determine the order and sequence of elections. Incumbent Presidents because 2007 have influenced INEC to check that the Presidential elections should still hold first. here's with the intention to create a bandwagon effect, as once the Presidential vote is determined, the different subsequent elections enormously follow the fashion. This constitutes a major mischief within the extant law, which the countrywide meeting might also have deliberately allowed to fester since it favoured the incumbent majority party at any time, however which it seeks to suitable in the 2018 amendments to give a degree play container for all.

an additional attitude to study it, may well be that the countrywide meeting in its personal knowledge may have allowed the INEC that prerogative in all probability for the fundamental reason that such concerns should still be bendy and in the administrative purview of INEC regulated by using its subsidiary rules. however, administrative guidelines, acts, directives, orders, notices, circulars, subsidiary legislations or protocols in something kind made below the path of superior legislative enactments aren't laws in themselves. Subsidiary legislation (rules) if consistent with its enabling Act turns into one unit of legislations or co-giant with the mum or dad Act. It cannot, on its own energy, cover any box or lengthen the scope of the mum or dad Act where the guardian Act does not indicate an intention to accomplish that or the legislature has now not principally delegated the total insurance of the field be counted to interior legislations. coverage flows best from the constitutional provisions and the phrases of the mother or father Act.

In airlines of recent South Wales Pty Ltd v New South Wales [1964] HCA 2 & airlines of recent South Wales Pty Ltd v New South Wales (No 2) [1965] HCA 3, it become held that it might be an odd usurpation of legislative energy by way of the executive if a Ministry, department and agency (MDA) were to make a law, expanding the scope of an enabling statute to completely exhaust and cover the field of the field be counted below the guise of delegated law and thereby tie down the arms of the legislative authority of the states in the method. That might unsettle the doctrine of separation of powers in its horizontal and vertical views.

The countrywide assembly, being the donor of the vigour, together with the power to investigate the mode of the election, the time for the election and the sequence for the election, can at anytime amend the Electoral Act to prolong or limit the vigour as it deems healthy. that's why since 1999, the countrywide meeting has always tinkered with the Electoral Act to ebook INEC in the conduct of all elections, including the 2018 modification, which not like the outdated amendments, has at last recognised electronic vote casting and transmission of effects, apart from the reordering of a fixed sequence of elections amongst a couple of different novel provisions.

ConclusionIn the closing analysis, if Jega and the pro-INEC school of thought are so involved by using the amendments bordering on the vigour to sequence the elections, which vigour is not especially granted under the charter, why is it that they don't seem to be in a similar fashion afflicted in regards to the amendments about the mode of voting and grace of transmission of results? If these protagonists feel that the amendments to the sequence of elections border on INEC’s constitutional powers to ‘organise’, ‘undertake’ and ‘supervise’ the habits of elections, why is it that similar issues don't seem to be extended to the change as to the mode of election and style of transmission of the results? This, to our mind at gold standard, quantities to cherry making a choice on.

after all, the country wide assembly has at all times legislated on the sequence of elections as evidenced in section 25 of the Electoral Act 2010; so why the surprising hue and cry that the countrywide meeting has no such powers as in opposition t INEC whose powers in that regard are donated by way of the national assembly within the first region. The certainty is that none of the powers to wit: to assess the mode of the conduct of elections; the fashion of transmission of election results; and the sequence of elections are constitutionally vested in INEC. they are, as we earlier cited, additional powers vested in INEC by means of an Act of the countrywide assembly. to be able to that extent, it quantities to needless muscle flexing for any one to advise INEC now not to obey the amendments or to move to court docket to challenge the amendments to the Electoral Act 2010.

Such an motion, we dare say, would be an undertaking in futility and a waste of the commission’s valuable time to put together and modify itself to the calls for of the brand new sequence of elections so as to conduct a fairly free and reasonable election in 2019. needless we remind us that the charter, as we also past pointed out, areas an incumbent responsibility on INEC to behavior all elections it is empowered to habits based on the provisions of the Electoral Act. it is why any election now not carried out in sizeable compliance with the provisions of the Electoral Act as amended, if the President signals it into legislations or the national assembly makes use of its veto powers beneath section fifty eight(5) CFRN, 1999 to override the President, may be at risk of nullification by using the courtroom. See part 138(1)(b) Electoral Act 2010 (as amended).

QuoteThe national meeting has all the time legislated on the sequence of elections as evidenced in section 25 of the Electoral Act 2010; so why the unexpected hue and cry that it has no such powers as towards INEC whose powers in that regard are donated with the aid of the countrywide assembly?


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Restructuring the Nigerian federation challenge | killexams.com real questions with brain dumps

by EUGENE UWALAKA

THE lawyer ordinary and Minister of Justice, Hon. Abubakar Malami, told a bewildered nation on Democracy Day that restructuring will no longer work. He superior three the reason why he thinks an easy recreation like restructuring would not work. He told those clamouring for restructuring that it can not be done in a single fell swoop. Secondly, handiest democratic capacity should still be used to obtain the informed socio-financial and political reforms. Thirdly, the Honourable Minister warned that the abolition of states can have (negative) multiplier outcomes on the nation. He additionally mentioned the consequential outcomes of downsizing the Senate, condominium of Representatives and State houses of assembly. (The Nation, can also 25)

despite this claustrophobia, the Honourable Minister certainly exuded overt knowing of what restructuring entails. youngsters, the restructuring envisaged by using the 2014 Confab settlement goes beyond two to a few tiers of government. A transition programme should still be expeditiously drawn to stroll the speak. The transition programme may still be based on legislative timelines to avoid cogs in our exit thoughts from dual federalism to cooperative federalism. In due path, we are able to expand from cooperative federalism to the inventive federalism envisaged in the 2014 Confab contract.

The 1999 charter of the Federal Republic of Nigeria (1999 CFRN) is the engine that strikes the nation. The 2014 Confab brought down this engine that drives the nation and overhauled it to identify the squeaky and frictional joints that hindered boom and building within the ultimate fifty seven years. To restructure the Federal Republic of  Nigeria within the context of the 2014 Confab agreements, these resolutions of the national convention should be used by using the national assembly to debug the constitution of distortions, aberrations, conflicting provisions and lopsidedness to make the constitution grassroots, boom and building-oriented.

to make use of the phraseology of Malcolm X, it is the joint that squeaks that wants the grease. The Speaker of the condo of consultant, Rt. Hon. Yakubu Dogara, may still note this. We will not have a new charter. What is needed is an replace of the 1999 CFRN, using the 2014 Confab settlement as input records.

Some americans are irked by using this padded discussion on restructuring. Some have mischievously requested: what is the meaning of the word restructuring? Some ask, what are we restructuring? The reply is, we're restructuring the 1999 CFRN. this is to allow us to reorganise the political economic, social, technological, ecological, tutorial and criminal subsystems. The 1999 CFRN is largely a device documentation. When a gadget isn't achieving the goals and objectives it is supposed to obtain, it's overhauled, examined and analysed to establish its dysfunctional facets. This allows an alternative equipment to be designed and applied.

The 1999 CFRN isn't reaching the desires and pursuits marshaled out in its chapter two, sections 13, 14, 15 to 24. as an example, the government recorded dismal performance over the final 50 years in its try to achieve fundamental duties in area 13 of the   1999 CFRN. The overt failure of govt below part 14(b) 1999 CFRN is accountable for the catastrophic restructuring or give up order given the Ndigbo through “sixteen-Northern-early life-companies”. Their risk has not been rescinded. if it is implemented, come 1st October, there will both be a coup or the IPOB will achieve Biafra devoid of going to war. The difficulty of a coup arises when the equipment is not peacefully restructured earlier than it receives out of handle.

I promised past to outline restructuring. Restructuring can mean an entire gamut of concepts depending on the perspective from which one appears on the word. In Nigeria, the entire system has long gone out of control. So, the restructuring here is regular in that the entire basic equipment aspects may be affected. Reforms, studies and reorganisation will be undertaken within the different framework of political, financial, social, technological, ecological and legal subsystems comprising the equipment. Restructuring in political hermeneutics is a growth and development strategy used to reframe the energy perspectives of the associations and stages of government (federal, state and native).

Institutional reforms are lengthy late. Default and delay in restructuring the Legislature, the Judiciary and govt nation-states of government are factors chargeable for the squabbles and frosty relationship among the many three nation-states of government. via a scheme of restructuring, overlapping services and abdication of institutional services and duties will be laid bare and rectified. within the remaining 17 years, there had been persistent funds wars between the legislature and the govt. This time around, Prof. Muhammad Mainoma was requested no matter if the legislature can alter the supply of the funds as presented by way of the executive. He blandly pointed out the legislature cannot alter the national budget by means of expanding it however the legislature can lessen it. The professor turned into purely being conservative but forgot in all probability that the legislature can modify a versatile finances both upwards or downwards when the need arises. Prof. Mainoma didn't find the reason for this binary battle when there should be inter-branch cooperation.

Prof. Muhammad Mainoma’s response turned into in response to parliamentary device which is markedly distinct from the presidential device that ought to be in area. He forgot that you just can not combine nighttime and day and expect break of day, as Jawaharlal Nehru as soon as pointed out. The executive arm of government bought fixated to the economic climate, planning, finances compilation, tracking and handle, coming from the parliamentary system. The common jurisdiction for planning, budget compilation, tracking and control under presidential device of govt belongs to the legislature and not the executive. fiscal legislation, law and control vest within the legislature however since the presidential system of govt, budgeting and accounting was no longer normal to the legislature and the govt the legislature abdicated this fundamental feature of the legislature to the executive. The legislature is, by the 1999 constitution, alleged to plan and handle the national economic system. I have written time and once more on this count number, counseling gratuitously that the countrywide meeting should have its own funds workplace. this can permit it take back the job of planning, budgeting and handle of the national economy from the government. The lopsided building constituencies and states suffer is the result of this inverted gadget of planning, budgeting and manage.

   The parliamentary gadget is warped and skewed to favour constituencies that voted for the executive in power. it's in keeping with the spoils system. beneath presidential device of executive, each constituency is favoured except the meeting men and women representing it don’t have initiatives to gentle when the call is made in the course of the price range round by way of the countrywide assembly budget workplace. These are one of the most squabbles and hiccups restructuring is meant to tackle.

Uwalaka, a political systems analyst, writes from



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