Giddiebabalaw:
Unless he can have more than 25% of votes at FCT. Anything short of that, he ll retired to Daura

so if he dosent have 25% but he won more states thank atiku fa. What rubbish

lafuria1:

The constitution is clear, 2/3 of 36 state plus fct, because fct is not a state, we don't say 37 state, we say 36 state plus Fct. Do you get now. The plus fct doesn't indicate you must win Fct, every state is treated equal.
APC isn't jittery ,it's PDP who is telling you APC is jittery, did you see any APC spokesman or person condemning the election, APC haven't said a single word about Fct, it's PDP numerous spokespersons that have been insinuating that. So please, relax.

Win 2/3 of 36 states plus FCT, but you must not win FCT very contradicting statement. Even if this is true, it will favour PDP cause APC have less then 10% in most states in the south.

PMB has lost alot of goodwill... even if he's pronounced winner how can he lead a people that don't believe in him.

Na Osinbajo I pity pass, he failed the church.

SEEING COMMENTS LIKE THESE FROM SO CALLED YOUTHS OF NIGERIA MAKES ONE ALMOST AGREE THAT, WE ACTUALLY HAVE MANY LAZY YOOTS IN THE COUNTRY. NO WONDER POVERTY IS ON THE INCREASE. PEOPLE ARE JUST COMMENTING NON-SENSE WITHOUT EVEN USING GOOGLE TO AT LEAST GET INFORMATION.

Well for the OP that asked, below is what Nigeria's constitution says and a simplified explanation for those with low comprehension ability.



Section 134(2) of the 1999 CFRN provides as follows:

(2) A candidate for an election to the office of President shall be deemed to have been duly elected where, there being more than two candidates for the election- (a) he has the highest number of votes cast at the election; AND

(b) he has not less than one-quarter of the votes cast at the election each of at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja.



Explanation: Since there are more than two candidates in the elections (about 70, based on INEC’s count), this is the relevant section that applies to the 2019 election. The winner, according to the law, will be the candidate with the highest number of votes by simple majority and at least ¼ of votes cast in at least each of any 24 States in Nigeria, that is 2/3 majority

But what happens if nobody meets the above conditions? Here is what Section 134(3) prescribes:

(3) In default of a candidate duly elected in accordance with subsection (2) of this section, there shall be a second election in accordance with subsection (4) of this section at which the only candidates shall be –

(a) the candidate who scored the highest number of votes at any election held in accordance with the said subsection (2) of this section; and

(b) one among the remaining candidates who have a majority of votes in the highest number of States, so however that where there is more than one candidate with a majority of votes in the highest number of States, the candidate among them with the highest total of votes cast at the election shall be the second candidate for the election.

Explanation: If no winner emerges tomorrow based on an application of the provisions of s.134 (2), for instance, if the person with the highest number of votes does not get up to 25% of the votes in each of at least 24 states of the federation, then INEC shall conduct a second election. That second election will feature the candidate who has the highest number of votes and the candidate with the majority votes in the highest number of states.

But if we have a situation where more than one candidate has majority of votes in the highest number of states, for instance, two candidates won the majority in 14 states each, then the one who will participate in the second election shall be the person with the highest total number of votes among them.

All of that brings us to Section 134(4):

(4) In default of a candidate duly elected under the foregoing subsections, the Independent National Electoral Commission shall within seven days of the result of the election held under the said subsections, arrange for an election between the two candidates and a candidate at such election shall be deemed elected to the office of President if – (a) he has a majority of votes cast at the election; and

(b) he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja.

Explanation: Within 7 days of the result of the main election, where there is no clear winner, INEC shall conduct the second election between the two candidates in line with s.134 (3). The winner of that second election must poll the highest number of votes by simple majority across the Nation and at least ¼ of votes cast in at least each of any 24 States in Nigeria, i.e. 2/3 majority principle.

But what if this condition is also not met? Section 134(5) prescribes the final solution:

(5) In default of a candidate duly elected under subsection (4) of this section, the Independent National Electoral Commission shall, within seven days of the result of the election held under the aforesaid subsection (4), arrange for another election between the two candidates to which the subsection relates and a candidate at such election shall be deemed to have been duly elected to the office of President, if he has a majority of the votes cast at the election.

Explanation: Where no winner emerges after the second election, INEC shall within 7 days from the date of the result of the second election arrange for another election (a third one) between the two candidates who took part in the second election and the Candidate with the highest number of votes by a simple majority shall be declared the duly elected President.

AlPeter:
25% in the 36states and FCT... Nigeria has 36 states and the FCT. He doesn't need 25% in FCT.

It's as simple as that.

I really wonder where the confusion is coming from.

But seriously poeple should reason it: What on Earth would make FCT so special that the framers of our law would make it mandatory that a candidate garner 25% votes there to win? Did you say federal capital? I laugh in Greek. It's not done ANYWHERE IN THE WORLD.

So why was FCT separated? Well I can hazard two reasons: Like others have noted FCT is not a state and secondly 2/3 of 37 states/territory would lead to the fractionalzation crisis similar to the second replublic (look up Shagari vs Awolowo). The framers were obviously careful in thier choice of words

FYI I'm not an APC fan but theres really no issue here. PMB can get 0 votes in the whole of FCT but as long as he gets his required 25% in ANY 24states, he will be sworn in.

alezzy13:


It's as simple as that.

I really wonder where the confusion is coming from.

But seriously poeple should reason it: What on Earth would make FCT so special that the framers of our law would make it mandatory that a candidate garner 25% votes there to win? Did you say federal capital? I laugh in Greek. It's not done ANYWHERE IN THE WORLD.

So why was FCT separated? Well I can hazard two reasons: Like others have noted FCT is not a state and secondly 2/3 of 37 states/territory would lead to the fractionalzation crisis similar to the second replublic (look up Shagari vs Awolowo). The framers were obviously careful in thier choice of words

FYI I'm not an APC fan but theres really no issue here. PMB can get 0 votes in the whole of FCT but as long as he gets his required 25% in ANY 24states, he will be sworn in.

well said. the problem in this country is that many youths are intellectually lazy. they can run to comment on every post but cant use just 1mb of data to do simple research before talking rubbish online. No wonder poverty will continue to rise. How can i as an employer employ lazy folks like these? These are the people shouting that there are no jobs. it is really a pity. smh.

I even had to post the conditions to be declared winner as stated in the constitution in my previous post. but trust these guys, they also too lazy to read informative post

TooMuchStuff:


Hahaha.... We no wicked like that O. Buhari really fu.cck up the Christians community. Abuja has over 80% Christians. Na so.

Nasarawa go wicked am too despite his closeness to the TAAL gov. Cos Nasarawa too has over 70% Christians.
It's a codedly religious elections even though Atiku is a fulani moslem but with Peter Obi - a Catholic.

Chai, do you mean PYO IS NO LONGER A CHRISTIAN?

KAI BABA

couragemurphy:


well said. the problem in this country is that many youths are intellectually lazy. they can run to comment on every post but cant use just 1mb of data to do simple research before talking rubbish online. No wonder poverty will continue to rise. How can i as an employer employ lazy folks like these? These are the people shouting that there are no jobs. it is really a pity. smh.

I even had to post the conditions to be declared winner as stated in the constitution in my previous post. but trust these guys, they also too lazy to read informative post

Same lazy youths said NO to a non lazy president!

To build the house, out of the total material listed, You need a minimum of 5 bucket of Granit and sand from the sea and quarry.

Can you build the house with sand alone ,smh for the itk throwing insults

id911:


Since you don't understand what you wrote up there as per the provisions of the constitution, i'm not going to lecture you on this again. Believe whatever you like

He told you the simple truth, there are 36 states and the FCT and not 37 states. It is not a must to win the FCT to be declared the winner.
Meanwhile, APC has won 3 area councils already in the FCT, waiting for the result of the other area councils.

id911:


Since you don't understand what you wrote up there as per the provisions of the constitution, i'm not going to lecture you on this again. Believe whatever you like

Bros it's obvious you need comprehension lessons o. 1st he doesn't need 25% in FCT, 2nd with d senatorial results released thus far, it's clear he got 25%! Mumu pple

davodyguy:

Go back to study the electoral laws.

He needs 25% minimum in 2/3 of the states which may or may not include FCT.

PDP supporters chatting BS since 2015

Why do we try to turn the rules of the game upside down when it does not suit us even when the intent of the law is so clear and unambiguous. The Law states 25% in 2/3 of the states *AND* the FCT.
Dont try to bend the laws, Nigerians are no fools. Lets keep to the rules.

PS: Article 134 (2) of the Nigerian Constitution stipulates that a presidential candidate will be duly elected after attaining both the
highest number of votes cast, and having
received at least a quarter of the votes at each
of at least two-thirds of the 36 states and the
Federal Capital Territory (FCT).

couragemurphy:
SEEING COMMENTS LIKE THESE FROM SO CALLED YOUTHS OF NIGERIA MAKES ONE ALMOST AGREE THAT, WE ACTUALLY HAVE MANY LAZY YOOTS IN THE COUNTRY. NO WONDER POVERTY IS ON THE INCREASE. PEOPLE ARE JUST COMMENTING NON-SENSE WITHOUT EVEN USING GOOGLE TO AT LEAST GET INFORMATION.



Explanation: Where no winner emerges after the second election, INEC shall within 7 days from the date of the result of the second election arrange for another election (a third one) between the two candidates who took part in the second election and the Candidate with the highest number of votes by a simple majority shall be declared the duly elected President.

Nice explanation, but it still does not address the OPs question. The contention is "what is the implication of not getting 25% of votes cast in the FCT, in addition to the 25% of vote garnered in 2/3 of the 36 states of the federation?

Uzee24:


Nice explanation, but it still does not address the OPs question. The contention is "what is the implication of not getting 25% of votes cast in the FCT, in addition to the 25% of vote garnered in 2/3 of the 36 states of the federation?

There is non

A candidate for an election to the office of President shall be deemed to have been duly elected where, there being more than two candidates for the election- (a) he has the highest number of votes cast at the election; AND

(b) he has not less than one-quarter of the votes cast at the election each of at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja.




Notice "and the FCT" if 25 percent is a must in FCT, I believe it'll be "and also 1/4 in FCT.

babablogger:


There is non

A candidate for an election to the office of President shall be deemed to have been duly elected where, there being more than two candidates for the election- (a) he has the highest number of votes cast at the election; AND

(b) he has not less than one-quarter of the votes cast at the election each of at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja.




Notice "and the FCT" if 25 percent is a must in FCT, I believe it'll be "and also 1/4 in FCT.

Your ascertion is not true...the statement is clear, and applies to both the states and FCT hence there is no need for the repetition of the 25% or the the inclusion of "ALSO". If it does not apply to the FCT, another subsection would have been created to address that rather than being put together with the states.

tobby98:
Legal luminaries are now brainstorming and the APC camp has been thrown into panic mode.
Pls nairalanders legal team should help tell us more about the constitutional requirements and help us clear this legal logjam

Stop deceiving ursel bro........No implications whatsoever for anybody. The constitution is clear about that, stop twisting the obvious

He didn't lose all the wards apc have won in 3 area councils. just saw this on vanguard

Uzee24:


Nice explanation, but it still does not address the OPs question. The contention is "what is the implication of not getting 25% of votes cast in the FCT, in addition to the 25% of vote garnered in 2/3 of the 36 states of the federation?

The answer is there nau. What you need to win is 1. A simple majority. 2. Have 25% votes in at least 2/3 (24) states including FCT.

So if you have up to 25% of total votes in each of 24 states and have less than 25% vote in FCT. And you have simple majority in the total votes casted. YOU ARE THE PRESIDENT ELECT

Emvico34:
Pls my fellow Godfearing nairalanders, i want to laugh at our outgoing fresident and his paid zombies. Am i free?

Not yet, wait let’s compile a comprehensive list of their names first. Nigeria should be stagnated because of selfish reasons.

2/3 of 36 states is 24 + abuja.


Automatic win.


Atiku dusted abuja.

He should be leading in 18 states now, more results coming from other states.


He is gonna get to that 24.


Buhari can win kastina,kano,kaduna,benue,borno but with a margin like 70:30 against atiku.


Atiku is prospective. He has a higher chance of winning.

wise2odd:
the legal implications is that he need at least 25% votes in FCT and he has already failed on that

Why are Nigerian young people so ignorant. Pls let me ask you. Apart from being wrong, if you actually saw it in the constitution that you must win 25% in Abja FCT to win you win protest
You guys are lacking in badic understanding of constitution and your own rights.
Pls be educated. It is at least 25% of votes cast in 2/3 of the States.

Pls there is no way PMB will not have 25% in Abuja. Incumbent President usually loses Abuja. I'm not sure GEJ win Abuja in 2015

Pls kindly google the constitution if don't have any, its clear. The President must win majority vote cast and 25% in 2/3 of the states including Abj. President elect must have 25% in Abj

SternProphet:


Why are Nigerian young people so ignorant. Pls let me ask you. Apart from being wrong, if you actually saw it in the constitution that you must win 25% in Abja FCT to win you win protest
You guys are lacking in badic understanding of constitution and your own rights.
Pls be educated. It is at least 25% of votes cast in 2/3 of the States.

Dakad:
Pls there is no way PMB will not have 25% in Abuja. Incumbent President usually loses Abuja. I'm not sure GEJ win Abuja in 2015

GEJ won Abuja but lost d election

So the difference is
AND

plus

including

Lawyers,wetin constitution talk?

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Hmm

Thanks. I wasn't sure

alezzy13:


GEJ won Abuja but lost d election

any presidential election involving an incumbent that requires such critical interpretation of our laws to determine a winner shows that the incumbent lost the elections

couragemurphy:
SEEING COMMENTS LIKE THESE FROM SO CALLED YOUTHS OF NIGERIA MAKES ONE ALMOST AGREE THAT, WE ACTUALLY HAVE MANY LAZY YOOTS IN THE COUNTRY. NO WONDER POVERTY IS ON THE INCREASE. PEOPLE ARE JUST COMMENTING NON-SENSE WITHOUT EVEN USING GOOGLE TO AT LEAST GET INFORMATION.

Well for the OP that asked, below is what Nigeria's constitution says and a simplified explanation for those with low comprehension ability.



Section 134(2) of the 1999 CFRN provides as follows:

(2) A candidate for an election to the office of President shall be deemed to have been duly elected where, there being more than two candidates for the election- (a) he has the highest number of votes cast at the election; AND

(b) he has not less than one-quarter of the votes cast at the election each of at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja.



Explanation: Since there are more than two candidates in the elections (about 70, based on INEC’s count), this is the relevant section that applies to the 2019 election. The winner, according to the law, will be the candidate with the highest number of votes by simple majority and at least ¼ of votes cast in at least each of any 24 States in Nigeria, that is 2/3 majority

But what happens if nobody meets the above conditions? Here is what Section 134(3) prescribes:

(3) In default of a candidate duly elected in accordance with subsection (2) of this section, there shall be a second election in accordance with subsection (4) of this section at which the only candidates shall be –

(a) the candidate who scored the highest number of votes at any election held in accordance with the said subsection (2) of this section; and

(b) one among the remaining candidates who have a majority of votes in the highest number of States, so however that where there is more than one candidate with a majority of votes in the highest number of States, the candidate among them with the highest total of votes cast at the election shall be the second candidate for the election.

Explanation: If no winner emerges tomorrow based on an application of the provisions of s.134 (2), for instance, if the person with the highest number of votes does not get up to 25% of the votes in each of at least 24 states of the federation, then INEC shall conduct a second election. That second election will feature the candidate who has the highest number of votes and the candidate with the majority votes in the highest number of states.

But if we have a situation where more than one candidate has majority of votes in the highest number of states, for instance, two candidates won the majority in 14 states each, then the one who will participate in the second election shall be the person with the highest total number of votes among them.

All of that brings us to Section 134(4):

(4) In default of a candidate duly elected under the foregoing subsections, the Independent National Electoral Commission shall within seven days of the result of the election held under the said subsections, arrange for an election between the two candidates and a candidate at such election shall be deemed elected to the office of President if – (a) he has a majority of votes cast at the election; and

(b) he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja.

Explanation: Within 7 days of the result of the main election, where there is no clear winner, INEC shall conduct the second election between the two candidates in line with s.134 (3). The winner of that second election must poll the highest number of votes by simple majority across the Nation and at least ¼ of votes cast in at least each of any 24 States in Nigeria, i.e. 2/3 majority principle.

But what if this condition is also not met? Section 134(5) prescribes the final solution:

(5) In default of a candidate duly elected under subsection (4) of this section, the Independent National Electoral Commission shall, within seven days of the result of the election held under the aforesaid subsection (4), arrange for another election between the two candidates to which the subsection relates and a candidate at such election shall be deemed to have been duly elected to the office of President, if he has a majority of the votes cast at the election.

Explanation: Where no winner emerges after the second election, INEC shall within 7 days from the date of the result of the second election arrange for another election (a third one) between the two candidates who took part in the second election and the Candidate with the highest number of votes by a simple majority shall be declared the duly elected President.

As said earlier, there is no way PMB won't get 25% in FCT. It's confirmed, he get well above 30%

alezzy13:


GEJ won Abuja but lost d election

id911:


You better go check your Constitution very well. Why do you think APC is seriously jittery about the FCT results and wants it cancel? Do you think they are fools? The constitution explicitly said you MUST win 2/3 in all the states of the Federation AND FCT. Without winning at least 25% in FCT, you lose the overall elections no matter what happens

Check what that 'AND or PLUS' mean in respect of that

PMB already has more than 25% of votes in the fct. No shaking.

My initial point remains.

Insisting that a candidate must get 25% votes in A PARTICULAR state/territory makes no sense whatsoever. Why FCT? Why not Lagos? Or JIGAWA?

Anyways, both candidates have pooled 25% so I guess it doesn't matter.

An interesting fact: since 1999 the two major candidates have ALWAYS obtained up to 25% in FCT.

Another fact: PMB has NEVER won the majority votes in FCT since he started contesting.

So I guess the result should not surprise us!!