This one dey fine work, he want share from Peter Obi money.

basilo102:
Abuja is regarded as a state in the law but "and" is conjucive. Therefore 25% is compulsory in " Abuja state"

Thank God, Obi had 25% in Abuja. When will he collect his own certificate of return? Awon mumus

AlexReports:

A senior advocate of Nigeria, Emeka Ozoani (SAN) on Tuesday evening, said a candidate cannot legally and constitutionally be declared the winner of the presidential Election if he or she fails to win the Federal Capital Territory (FCT).

“Any presidential candidate who did not win Federal Capital Territory, Abuja, cannot legally and constitutionally be declared the winner of the presidential Election. The only available path to INEC is to call for a fresh nomination.

“Section 133(b), last paragraph of the 1999 constitution of the Federal Republic of Nigeria, as amended attests to this,” the SAN said.

A critical analysis of Section 133(b) of the 1999 Constitution as amended on the declaration of a winner in a presidential election said “the only interpretation to be founded on Section 133 (b) of the 1999 constitution of the Federal Republic of Nigeria, as amended is to the effect that for a candidate to be qualified to the office of the president, ‘he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all states in the Federation and the Federal Capital Territory, Abuja but where the only candidates fail to be elected in accordance with this section, then there shall be fresh nominations’.

“The interpretation of and is in issue. We submit that the word, ‘AND’ means ‘Conj’, ‘in addition’, ‘together with’, ‘plus’. See Webster’s Universal Dictionary and thesaurus, Bedded and Grosset, P. 31. Also, ‘AND’ means, ‘generally, a cumulative sense, requiring the fulfillment of all the conditions that it joins together and herein, it is the antithesis of ‘OR’. See Stroud’s judicial dictionary of words and phrases, Seventh edition, VOL. 1, Daniel Greenberg, London Sweet and Maxwell, 2006, P 128

“In BUHARI V INEC, (2008) 19 NWLR (PT 1120) P, 246 at 368, paras A-D, the Supreme court, In interpreting section 146 of the Electoral Act, 2006 held that the word ‘AND’ is CONJUCTIVE and not DISJUNCTIVE like ‘OR’. See also NDOMA-EGBA v CHUKWUOGOR (2004) 6 NWLR (PT 969)382.

“Further, the word ‘AND’ in SECTION 135(1) OF THE ELECTORAL ACT, 2002, the Court of Appeal, per Salami, J.C.A (as he then was) in YUSUF v OBASANJO (2005) 18 NWLR (PT. 956) 96 AT 178 held that the word ‘AND’ should be read CONJUNCTIVELY and not DISJUNCTIVELY. See also, SASEGBON’S JUDICIAL DICTIONARY OF NIGERIAN LAW. VOL. 1, P. 309. The Federal Capital Territory Abuja is one of the states of the Federation by Section 299 of the 1999 Constitution, as amended.

“Therein, it is stated,’ the provisions of this constitution shall apply to the Federal Capital Territory, Abuja as if it were one of the states of the Federation and accordingly…’ In BABA-PANYA V PRESIDENT, FEDERAL REPUBLIC of NIGERIA (2018) 15 NWLR (pt 1643) 395, the court of appeal, per Akomolafe- Wilson, J.C.A, held that ‘by virtue of Section 299 of the Constitution of the Federal Republic of Nigeria, 1999 as amended, the Federal Capital Territory, Abuja, IS A STATE.

“Also, in OKOYODE v F.C.D.A., (2005) VOL. 27 WRN, P. 97, the Court of Appeal, per ALAGOA, J.C.A at p. 149, lines 40- 45, held inter alia, ‘Section 299 of the constitution of the Federal Republic of Nigeria 1999 as amended, has clear and unambiguous provisions to the effect that the Federal Capital Territory, ABUJA IS IN LAW A STATE,” Ozoani added.
https://barristerng.com/without-winning-fct-a-president-cannot-be-legally-declared-ozoani/

No disrespect but that SAN does not know the law if this is real. My points on the correct position is below followed by the incorrect quotes from the SAN

1. A presidential candidate does not need to with FCT only 25% is required and the outcome is not a fresh nomination but a re-run with two candidates.

“Any presidential candidate who did not win Federal Capital Territory, Abuja, cannot legally and constitutionally be declared the winner of the presidential Election. The only available path to INEC is to call for a fresh nomination."

2. The correct part of the constitution is not 133 but 134

“Section 133(b), last paragraph of the 1999 constitution of the Federal Republic of Nigeria, as amended attests to this,” the SAN said

3. Abuja is not a state of the federation but a Federal territory

The Federal Capital Territory Abuja is one of the states of the Federation by Section 299 of the 1999 Constitution, as amended.

kollinzgee:
To gain admission into a university you must have at least 5 credits in five subjects with math and english.
Saying tinubu won the election withoue 25% in fct means you are saying you just need 5credits wthout maths and english to gain admission.

Another educate illiterate has told us something entertaining

Dis one Na olodo charge and nail lawyer . People when know law for supreme Court HV interpret d law to inec

una still dey argue here abi another election dey again

anybody wey don win abuja make dem swear am in as abuja president but e go still work under the Nigerian President

case closed

The question is whether Abuja represents a State or Federal Capital Territory (FCT)? What are the attributes of a state and that of the FCT?

If under the law the FCT is a State like other States in the Nigerian Federation, then it should not have a special status higher or superior to other States.
The law cannot make having 25% of the votes in FCT compulsory, but not compulsory in Rivers or Kano or Lagos.
That will give FCT a special, superior and higher status, which is not inferred or stated in the 1999 Constitution as amended.
Just my opinion, though.

GeneralPulal:
Incase you wanna understand the FCT issue..

As in this shiit ain't hard to understand na. So if I win the 36 states without Abuja, there will be a rerun.

Common who dash this olodo man SAN.

F*ck all haters of the successful y'all f*cked for life.

Throwback:


"And" that exist without a comma?

The law states that "25% in 2/3 of the 36 States of the federation and Abuja,..."

Meaning 37 possible sources from which 25% can be obtained.

2/3 of 37 is 25 (to make it a whole)

Tinubu already secured 25% in 28 states.

So no case here at all.

Teacher didn’t teach me nonsense!

If the interpretation of the constitution is as you explain it here, then the word INCLUDING should have been used instead of AND!

AlexReports:

https://barristerng.com/without-winning-fct-a-president-cannot-be-legally-declared-ozoani/

There are supper Nigerians in FCT That's why

Kikikikikikiki 🤣🤣
Go to court and stop disturbing us. You'll meet your mates there.

Ibos are too petty/childish...even their SANS are no exception.

so na super voters dey Abuja. imagine this kind stupidity coming from a whole lawyer.

shizzle1:
you are braindead scumbag. You accommodated who? So you gave an Igbo man land for free or you dash them house? Thunder strike that your smelly ewedu mouth there

This fool may even be from hoegbomosho or heebadam, even real lagosians never talk sef

Demented yaroba pig

Election is over, stop ranting you loser! Fr. Mbaka warned you but you didn’t listen. Una go hear am for Lagos. Frustrated thief! You better go and start your Biafra agitation, worthless set of nobody😂😂

Misterone:
Then does the statement means James and his wife will produce at least 5 persons each (10+) or both of them will produce at least 5 persons?

At least 5 persons and (+) James wife, making it 6 persons.



"and" as used in that context is conjunctive meaning plus.




2/3rd of 36 states plus Abuja.


2/3rd of the 36 states plus Abuja as a separate state




The people that wrote the constitution treated Abuja as a separate vital state that every contestant must get 25% to be declared president for the fact that Abuja is the sit of power, you need to win their confidence to sit there as Nigeria's President

Mumu ipob SAN.
Assuming somebody got 90% in Abuja...
This scenario:

Ade....90% in Abuja,16% in 24 states,10,000 total votes.

Shidi....20% in Abuja,28% in 24 states,1,000,000 total votes.

Musa....15% in Abuja,30% in 24 states,999,000 total votes.

Ade passed in Abuja.Failed in 24 states.Failed in total votes.

Shidi failed in Abuja.Passed in 24 states.Passed in total votes.

Musa failed in Abuja.Passed in 24 states.Passed in total votes.

Please,who won?
Who should we decare as President here?

Is it Ade that they love in Abuja but dont even care for him in most Nigerian states?

Thei implication is it a candidate gets 100% in 36 states and 24% in Abuja he is not elected

Makes sense.

0monnak0da:
Thei implication is it a candidate gets 100% in 36 states and 24% in Abuja he is not elected

Makes sense.

lol
Meaning that na Angels dey live for Abuja be dat..kikikikikiki

Is this one a SAN or SAND

ProphetM0hammad:
Okoro dey struggle with English and comprehension

God bless you , their problem is English

franchasofficia:
At least 5 persons and (+) James wife, making it 6 persons.



"and" as used in that context is conjunctive meaning plus.




2/3rd of 36 states plus Abuja.


2/3rd of the 36 states plus Abuja as a separate state




The people that wrote the constitution treated Abuja as a separate vital state that every contestant must get 25% to be declared president for the fact that Abuja is the sit of power, you need to win their confidence to sit there as Nigeria's President

lol
You dont have to win the confidence of the larger number of people in the 36 states by scoring the highest except only in Abuja,abi?

TempleHouse:
FOR THOSE YORUBA GULLIBLE INDIVIDUALS VOTING OBI, IGBO ARE BEGINNING TO SHOW THEIR TRUE COLOUR !

FIRST OBY EZEKWEZILI

SECOND ITS CHARLY BOY AND OBASANJO SECRET CALL

THIRD ITS CHINAMANDI CRYING FOUL

NOW ITS IGBO SAN

Your mama

hohafrank:
You are 100% correct That is just the simple logic.
Time will tell.

English teacher... you better accept your new president

franchasofficia:
At least 5 persons and (+) James wife, making it 6 persons.



"and" as used in that context is conjunctive meaning plus.




2/3rd of 36 states plus Abuja.


2/3rd of the 36 states plus Abuja as a separate state




The people that wrote the constitution treated Abuja as a separate vital state that every contestant must get 25% to be declared president for the fact that Abuja is the sit of power, you need to win their confidence to sit there as Nigeria's President

see yourself! 5 person (+) James wife making 6 (+). Now 36 states + Abuja making 37. What you should know is that all states are equal according to the constitution. You cannot ascribe special status to a particular area.. therefore, Abuja cannot hold the country down.

Broveens42:



Your last two paragraphs gave you away. The Constitution committee should have thought about that when they used the word 'and' for whatever reason.
Why would you mention a name and suggest that the conjunctive word ' and' to a name 'fct' doesn't mean compulsory 25% in fct ? Lol

You need 50% in 7 science subjects and maths to gain admission ...
Maths is a compulsory requirement even when you can't categorically say it's a science subject, because it is also required by arts students... You see all these blabla I said doesn't matter... The conjunctive word, made the name compulsory

The example you gave in bold is not a like for like comparison with the issue.

The correct analogy would be "You need to score 50% in at least half of 7 Science subjects and Maths".

This would mean you need to score 50% in any 4 subjects and Maths is not compulsory.

Maths was only separated because it is not considered as an exclusive science subject.

Capische?

EDUECO:
They are hoping on their judicial structure to retain their stolen mandate

EYAA. OBIDIENTS MUST BE GOING THROUGH A LOT. TAKE HEART AND WAIT TILL 2038.

Putinofrussia:


lol
You dont have to win the confidence of the larger number of people in the 36 states by scoring the highest except only in Abuja,abi?

The writers of the constitution made the mistake of ascribing a special status to Abuja for reasons best known to them, just as they did a lot of other nonsense in the 1999 constitution.



Remember it was created by the Military guys who were acting solely on their own discretion, so we all have been living by their useless constitution.



So that's what it is, before a candidate can be declared President under the 1999 constitution, he or she must win at least 25% of the total votes cast in Abuja during a General election. That's the truth bro, forget about all these twisting just to favor the rigged in APC candidate Bola