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Interim Government: Why Tinubu Cannot Be Sworn-in On May 29 - Politics - Nairaland

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Interim Government: Why Tinubu Cannot Be Sworn-in On May 29 by Newton2024: 8:50pm On Mar 29, 2023
25% of FCT Votes is Constitutionally Compulsory

Section 134(2)(b) of the 1999 Constitution (as amended) is clear and unambiguous, direct and simple.

To be declared Presidential winner, a candidate must secure at least 1/4th (25%) of votes cast in 2/3rd of the entire 36 States of Nigeria (that is in 24 states). Also, the candidate must also secure not less than 25% of the votes cast at the FCT.

The literal interpretation of this section is that a candidate must secure 1/4th (25%) of votes cast in 2/3rd of the entire 36 States of Nigeria and 1/4th (25%) of votes cast in FCT. This provision is so clear, direct and unambiguous, that you don’t need a Professor of Constitutional Law to comprehend. The use of the word “and” had been held by the Supreme Court to be conjunctive, which implies that the conditions in Section 134(2)(b) are conjunctive and mandatory.

Resort to Section 299 (which states that the FCT is to be treated as a State in Nigeria), is a general provision that has no bearing on Section 134. A general provision cannot override a specific provision. Section 134(2)(b) is a specific provision on the conditions for declaration of a candidate and the presidential winner at the polls.

In conclusion, with the result of the general elections as published by INEC, the contest is still open, as none of the candidates has satisfied the legal threshold in Section 134.

https://www.google.com/amp/s/www.thisdaylive.com/index.php/2023/03/07/is-25-of-fct-votes-required-to-win

26 Likes 4 Shares

Re: Interim Government: Why Tinubu Cannot Be Sworn-in On May 29 by ganisucks(f): 8:51pm On Mar 29, 2023
Hmmm, Baba blue DSS go carry una go panti O!

16 Likes 1 Share

Re: Interim Government: Why Tinubu Cannot Be Sworn-in On May 29 by Ilamdad: 8:53pm On Mar 29, 2023
Please let's experience peace for once in this country. One is tired of of these

15 Likes

Re: Interim Government: Why Tinubu Cannot Be Sworn-in On May 29 by Ireportlive: 8:54pm On Mar 29, 2023
cool


Ask Obi supporters how many States did Obi win and they conviniently add Abuja as a State



.

51 Likes 4 Shares

Re: Interim Government: Why Tinubu Cannot Be Sworn-in On May 29 by loosecanon50(m): 8:55pm On Mar 29, 2023
Let’s keep our fingers crossed and be looking first. Until then

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Re: Interim Government: Why Tinubu Cannot Be Sworn-in On May 29 by Newton2024: 9:01pm On Mar 29, 2023
Ireportlive:
Ask Obi supporters how many States did Obi win and they conviniently add Abuja as a State
If Obi was in Tinubu's shoes, would this have been your response? Be sincere.

23 Likes 1 Share

Re: Interim Government: Why Tinubu Cannot Be Sworn-in On May 29 by Globad(f): 9:01pm On Mar 29, 2023
Nonsense

So what will happen if a candidate scores 25% in 36 states except in FCT? He won't be sworn in?

Rubbish

You guys should stop this FCT nonsense

44 Likes 4 Shares

Re: Interim Government: Why Tinubu Cannot Be Sworn-in On May 29 by Newton2024: 9:02pm On Mar 29, 2023
The literal interpretation of this section is that a candidate must secure 1/4th (25%) of votes cast in 2/3rd of the entire 36 States of Nigeria and 1/4th (25%) of votes cast in FCT. This provision is so clear, direct and unambiguous, that you don’t need a Professor of Constitutional Law to comprehend. The use of the word “and” had been held by the Supreme Court to be conjunctive, which implies that the conditions in Section 134(2)(b) are conjunctive and mandatory.

6 Likes 1 Share

Re: Interim Government: Why Tinubu Cannot Be Sworn-in On May 29 by Massiveglory: 9:02pm On Mar 29, 2023
The constitution of federal republic of Nigeria is clear on the parameters to be fulfilled before anyone will be sworn in as the president of Nigeria.
The constitution of Nigeria is bigger than mahood yakubu.
The constitution is bigger than the DSS.
The constitution is bigger than you and I.

Every president in Nigeria, since 1999 has scored at least 25% in the FCT.

Swearing in tinubu is swearing in an unconstitutional presidency which is just like a having a military government.
Swearing in tinubu is swearing in illegality, which is tantamount to giving open way for lawlessness.

Number two is that a druggie cannot lead Nigeria. That will be a national and international embrassment on Nigeria and Nigerians that will not stand.

Tinubu is heading to great fall.

18 Likes 1 Share

Re: Interim Government: Why Tinubu Cannot Be Sworn-in On May 29 by iSense247: 9:04pm On Mar 29, 2023
Globad:
Nonsense

So what will happen if a candidate scores 25% in 36 states except in FCT? He won't be sworn in?

Rubbish

You guys should stop this FCT nonsense
If you are not pleased with Nigeria constitution, go to court. Stop arguing with your keyboard.

15 Likes 1 Share

Re: Interim Government: Why Tinubu Cannot Be Sworn-in On May 29 by onatisi(m): 9:04pm On Mar 29, 2023
the decision will be made at the supreme court and not on nairaland.com

9 Likes 1 Share

Re: Interim Government: Why Tinubu Cannot Be Sworn-in On May 29 by FreeStuffsNG: 9:05pm On Mar 29, 2023
ganisucks:
Hmmm, Baba blue DSS go carry una go panti O!


The DSS supports the President and Commander-in-Chief in his avowed commitment to a hitch-free handover and will assiduously work in this direction. It also supports the Presidential Transition Council and such other related bodies in the States. It will collaborate with them and sister security and law enforcement agencies to ensure seamless inaugurations come 29th May, 2023.

Consequently, the Service strongly warns those organising to thwart democracy in the country to retract from their devious schemes and orchestrations. Stakeholders, notably judicial authorities, media and the Civil Society, are enjoined to be watchful and cautious to avoid being used as instruments to subvert peace and stability of the nation.

While its monitoring continues, the DSS will not hesitate to take decisive and necessary legal steps against these misguided elements to frustrate their obnoxious intentions.

Peter Afunanya PhD, fsi
Public Relations Officer
Department of State Services
National Headquarters
Abuja
29th March, 2023

https://twitter.com/OfficialDSSNG/status/1641103330876194817?t=DfYqARoMzMFzMA_bxUtCAA&s=19

Seun is not seeing them now that NL is being used by these unpatriotic elements to subvert our democracy and he is not doing anything about it yet until others start speaking the language these elements like OP understand.

13 Likes 3 Shares

Re: Interim Government: Why Tinubu Cannot Be Sworn-in On May 29 by IgOga(m): 9:05pm On Mar 29, 2023
Bitter souls DSS is on your case o....some of you go post nonsense enter alagbon grin

10 Likes

Re: Interim Government: Why Tinubu Cannot Be Sworn-in On May 29 by Ireportlive: 9:06pm On Mar 29, 2023
Newton2024:
If Obi was in Tinubu's shoes, would this have been your response? Be sincere.



Yes that would be my response what makes Obi different from Tinubu?!... All votes are the same, FCT or any States, All citizens have equal right, and all Federating Unit making the Republic of Nigeria all have equal powers under the law..

It absurd to suddenly think Abuja is any different from any state

This is discrimination against other voters of other states

.

18 Likes 2 Shares

Re: Interim Government: Why Tinubu Cannot Be Sworn-in On May 29 by iSense247: 9:07pm On Mar 29, 2023
FreeStuffsNG:

Sn is not seeing them now that NL is being used by these unpatriotic elements and he is not doing anything about it until others start speaking the language these elements like OP understand
Maybe you are reacting to the headline only. What we are discussing here is surported by the constitution. Please read the post again and edit your comment.

3 Likes

Re: Interim Government: Why Tinubu Cannot Be Sworn-in On May 29 by a4cube: 9:08pm On Mar 29, 2023
Globad:
Nonsense

So what will happen if a candidate scores 25% in 36 states except in FCT? He won't be sworn in?

Rubbish

You guys should stop this FCT nonsense
They are not the once that wrote the constitution. In such senerior their will be a rerun. It is also in the constitution.

1 Like

Re: Interim Government: Why Tinubu Cannot Be Sworn-in On May 29 by a4cube: 9:11pm On Mar 29, 2023
Ireportlive:




Yes that would be my response what makes Obi different from Tinubu?!... All votes are the same, FCT or any States, All citizens have equal right, and all Federating Unit making the Republic of Nigeria all have equal powers under the law..

It absurd to suddenly think Abuja is any different from any state

This is discrimination against other voters of other states

.
They should made it 2/3 of 37 states. The constitution is clear 36 states and Abuja. Just like 5 credits and English in the case of jamb.

4 Likes 1 Share

Re: Interim Government: Why Tinubu Cannot Be Sworn-in On May 29 by Roboto11: 9:12pm On Mar 29, 2023
FreeStuffsNG:



The DSS supports the President and Commander-in-Chief in his avowed commitment to a hitch-free handover and will assiduously work in this direction. It also supports the Presidential Transition Council and such other related bodies in the States. It will collaborate with them and sister security and law enforcement agencies to ensure seamless inaugurations come 29th May, 2023.

Consequently, the Service strongly warns those organising to thwart democracy in the country to retract from their devious schemes and orchestrations. Stakeholders, notably judicial authorities, media and the Civil Society, are enjoined to be watchful and cautious to avoid being used as instruments to subvert peace and stability of the nation.

While its monitoring continues, the DSS will not hesitate to take decisive and necessary legal steps against these misguided elements to frustrate their obnoxious intentions.

Peter Afunanya PhD, fsi
Public Relations Officer
Department of State Services
National Headquarters
Abuja
29th March, 2023

https://twitter.com/OfficialDSSNG/status/1641103330876194817?t=DfYqARoMzMFzMA_bxUtCAA&s=19

Seun is not seeing them now that NL is being used by these unpatriotic elements to subvert our democracy and he is not doing anything about it yet until others start speaking the language these elements like OP understand.


You actually think he's neutral?

From last night till this morning a Peter Obi thread was the leading thread headlining the front page.

It was there for over 12 hours.

Bet me, they'll do the same again tonight.

2 Likes

Re: Interim Government: Why Tinubu Cannot Be Sworn-in On May 29 by iSense247: 9:14pm On Mar 29, 2023
INEC shouldn't have declared Tinubu the winner in the first place. I don't know why the man was rushing.

5 Likes

Re: Interim Government: Why Tinubu Cannot Be Sworn-in On May 29 by Ireportlive: 9:14pm On Mar 29, 2023
a4cube:
They should made it 2/3 of 37 states. The constitution is clear 36 states and Abuja. Just like 5 credits and English in the case of jamb.

This isn't jamb

2/3 law applies to all State of the federation during governorship election

A Governor must have popular votes and 25% votes in 2/3 of all States LGA

You can loose State Capital or Federal Capital and still Govern and that's why INEC issued a certificate of return

18 Likes 3 Shares

Re: Interim Government: Why Tinubu Cannot Be Sworn-in On May 29 by starstaz(m): 9:18pm On Mar 29, 2023
Emotionally unstable set up of people. your principal is already in court brainstorming with his lawyers and acolytes on how to upturned the legitimate process in his favor's. But the buffalo in you will not let or allow the majority to have peace with your daily verbosity that is putrid and toxemia in nature to our renewed hope for the future and a better Nigeria in 2023 and beyond. you remained fixated on your principal electoral loss and you forgot that a loser today that works harder can plug the loop holes in our electoral process and be a hero tomorrow. if i lied, a case in point is Mallam Abba of the NNPP who narrowly missed out in 2019 governorship election in Kano state but today no man born of a woman can stop his electoral fortune in Kano state. the man takes his defeat back home in his strides ,unshakable, and re-strategized and re-ploted his political graph in 2023 to the extent that outside of our spectrum, including Jupiter , as long as his name is on the ballot in Kano state, victory is his. final advice, cut this bullcrap and allow saner minds to enjoy the tsunami battle of our learned SAN as they engaged each other in the temple of justice at the supreme court in an atmosphere of serenity.

19 Likes 5 Shares

Re: Interim Government: Why Tinubu Cannot Be Sworn-in On May 29 by Globad(f): 9:37pm On Mar 29, 2023
a4cube:
They are not the once that wrote the constitution. In such senerior their will be a rerun. It is also in the constitution.

A rerun? Between the same two people?

The rerun will continue ad infinitum?

This cannot be the spirit of the constitution

The FCT isn't more special in terms of the value of each of its votes than other states

9 Likes

Re: Interim Government: Why Tinubu Cannot Be Sworn-in On May 29 by Globad(f): 9:39pm On Mar 29, 2023
Ireportlive:


This isn't jamb

2/3 law applies to all State of the federation during governorship election

A Governor must have popular votes and 25% votes in 2/3 of all States LGA

You can loose State Capital or Federal Capital and still Govern and that's why INEC issued a certificate of return

I tire for these people o

Creating confusion where there is none. Anyway, how lawyers go chop

10 Likes 1 Share

Re: Interim Government: Why Tinubu Cannot Be Sworn-in On May 29 by a4cube: 10:11pm On Mar 29, 2023
Ireportlive:


This isn't jamb

2/3 law applies to all State of the federation during governorship election

A Governor must have popular votes and 25% votes in 2/3 of all States LGA

You can loose State Capital or Federal Capital and still Govern and that's why INEC issued a certificate of return
It's not jamb but the English is same. Abuja don't have governor and legislatures. So the president is seen as the gov. So you as the president must get 25% to be seen as accepted in abj.

2 Likes

Re: Interim Government: Why Tinubu Cannot Be Sworn-in On May 29 by xtivin(m): 10:18pm On Mar 29, 2023
Newton2024:


https://www.google.com/amp/s/www.thisdaylive.com/index.php/2023/03/07/is-25-of-fct-votes-required-to-win
Well done CJN OP.... it's contempt to pre-empt a matter in the court. Let the process get to the Supreme Court and leave judgement to his lordship. Remember Nigeria has 36 states and the FCT also, does it make FCT a state because of your conjunction?.. rest abeg!

2 Likes 2 Shares

Re: Interim Government: Why Tinubu Cannot Be Sworn-in On May 29 by yarimo(m): 10:20pm On Mar 29, 2023

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Re: Interim Government: Why Tinubu Cannot Be Sworn-in On May 29 by haffaze777(m): 10:57pm On Mar 29, 2023
Many will commit suicide when Asiwaju finally become president

9 Likes

Re: Interim Government: Why Tinubu Cannot Be Sworn-in On May 29 by HilcomTech(m): 11:43pm On Mar 29, 2023
Massiveglory:
The constitution of federal republic of Nigeria is clear on the parameters to be fulfilled before anyone will be sworn in as the president of Nigeria.
The constitution of Nigeria is bigger than mahood yakubu.
The constitution is bigger than the DSS.
The constitution is bigger than you and I.

Every president in Nigeria, since 1999 has scored at least 25% in the FCT.

Swearing in tinubu is swearing in an unconstitutional presidency which is just like a having a military government.
Swearing in tinubu is swearing in illegality, which is tantamount to giving open way for lawlessness.

Number two us that a druggie cannot lead Nigeria. That will be a national and international embrassment on Nigeria and Nigerians that will not stand.

Tinubu is heading to great fall.

It takes a special kind of ST00PEED to be IPOB

Why then are they conducting elections in other parts of Nigeria

10 Likes 1 Share

Re: Interim Government: Why Tinubu Cannot Be Sworn-in On May 29 by Aquila99: 12:40am On Mar 30, 2023
a4cube:
They are not the once that wrote the constitution. In such senerior their will be a rerun. It is also in the constitution.

Lol. Rerun because of AND", instead of OR". Abi rerun because d winner didn't get 25% in FCT, but got that in 30 states. Let's imagine dia will be a rerun between Tinubu who got highest number of vote. Then who will do rerun with him by 25% spread. Atiku dat got 25% in 22 states or PO dat got it in 16 states?

10 Likes 1 Share

Re: Interim Government: Why Tinubu Cannot Be Sworn-in On May 29 by raskymonojendor: 12:45am On Mar 30, 2023
Globad:
Nonsense

So what will happen if a candidate scores 25% in 36 states except in FCT? He won't be sworn in?

Rubbish

You guys should stop this FCT nonsense
Lawyers must chop and often give gullible people false hope grin

5 Likes 1 Share

Re: Interim Government: Why Tinubu Cannot Be Sworn-in On May 29 by Chinjo2: 12:55am On Mar 30, 2023
Globad:
Nonsense

So what will happen if a candidate scores 25% in 36 states except in FCT? He won't be sworn in?

Rubbish

You guys should stop this FCT nonsense

Try and read the law again. It is very clear. You must have 25% of vote cast in FCT. The law did not say you must win FCT. It says you must have a minimum of 25% in FCT. Is 25% too much for any serious candidate to get in FCT?

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