Welcome, Guest: Register On Nairaland / LOGIN! / Trending / Recent / NewStats: 3,194,954 members, 7,956,593 topics. Date: Monday, 23 September 2024 at 02:49 PM |
Nairaland Forum / Nairaland / General / Politics / Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer (10285 Views)
Failure To Win 25% In FCT: It Was An Error To Declare Tinubu Winner Says SANs / Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer / Coronavirus: Concerns As Tinubu Fails To Self-isolate After UK Trip (2) (3) (4)
(1) (2) (3) (4) (5) (6) (Reply) (Go Down)
Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by FatherOfJesus: 10:29am On Feb 28, 2023 |
Olisa Agbakoba, a senior advocate of Nigeria (SAN), has asked the Independent National Electoral Commission (INEC) to clarify section 134 of the 1999 constitution (as amended) which specifies the requirements for a candidate to be declared winner of a presidential election. Section 134 of the 1999 Constitution provides as follows: 1) A candidate for an election to the office of President shall be deemed to have been duly elected, where, there being only two candidates for the election: (a) he has the majority of votes cast at the election; and Advertisement (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. (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 in each of at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja. Although commending INEC for their “great job to ensure free, fair, verifiable, credible and transparent elections”, Agbakoba said the clarification was needed. “I am a little worried,” he said. “I reviewed section 134 carefully, specifically, subsections 134 (1) (b) and (2) (b), and wondered if “two-thirds of all the States in the federation and the federal capital territory, Abuja” means either of the following: “a) that a presidential candidate must score 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 which means 24 states, the 24 States will include the federal capital territory Abuja as a “state”, or “b) that a presidential candidate must score 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 which means 24 states and in addition to meeting the one-quarter requirement in 24 states, a candidate must also win one-quarter of the votes cast in the federal capital territory, Abuja. “In this sense, a presidential candidate must have one-quarter of the votes cast in the federal capital territory, Abuja, in addition to scoring not less than one-quarter of the votes cast at the election in 24 States of the Federation, to be duly elected.” The former president of the Nigerian Bar Association (NBA) added that there are three major questions arising from his interpretation. “(1) Is the requirement that a presidential candidate must score not less than one-quarter of the votes cast at the election in each of at least two-thirds of the 36 States of the Federation; does this mean that the Federal Capital Territory, Abuja is incorporated in the 24 States?” the statement reads. “(2) Is the requirement that a presidential candidate must score not less than one-quarter of the votes cast at the election in each of at least two-thirds of the 36 States of the Federation; does it mean that the presidential candidate must also score not less than one-quarter of the votes cast at the election at the Federal Capital Territory, Abuja? “(3) Can a candidate that scored not less than one-quarter of the votes cast at the election in 36 States of the Federation but fails to score one-quarter of the votes cast at the election at the Federal Capital Territory, be duly elected as President of Nigeria? “Finally, Section 134(1)(a) provides that a candidate for an election to the office of President shall be deemed to have been duly elected, where, there being only two candidates for the election, the candidate has the majority of votes cast at the election, but Section 134(2) provides that 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, the candidate has the highest number of votes cast at the election. The Constitution describes the winner in two different languages. “One, the winner must score the majority of votes and the other, the winner must score the highest number of votes. This is confusing. “To be honest, I am not quite sure of the right answers to my questions. I just thought to bring this to your attention as something you might wish to clarify to the public.” 6 Likes
|
Re: Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by bazoodo: 10:31am On Feb 28, 2023 |
Nah it's simple. The FCT isn't counted as a state. You just need 25 percent in 25 states 39 Likes 2 Shares |
Re: Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by Midehi3(f): 10:33am On Feb 28, 2023 |
They will still rig this one, watch 12 Likes |
Re: Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by fortunateme: 10:35am On Feb 28, 2023 |
T 15 Likes
|
Re: Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by Nobody: 10:35am On Feb 28, 2023 |
There’s no need to drag anything at this point , let’s just pray for a better Nigeria 8 Likes |
Re: Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by yungkels(m): 10:35am On Feb 28, 2023 |
We watch |
Re: Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by FatherOfJesus: 10:36am On Feb 28, 2023 |
IyaebeTheGreat:seems there is. That section of the constitution needs to be clear. It's not. Everyone is confuse now 17 Likes |
Re: Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by Nobody: 10:37am On Feb 28, 2023 |
FatherOfJesus: 14 Likes 1 Share
|
Re: Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by PrinceOfLagos: 10:38am On Feb 28, 2023 |
Interesting times ahead 1 Like |
Re: Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by Bestmanfornow: 10:38am On Feb 28, 2023 |
bazoodo:You're ignorant Section 134 of the Constitution provides as follows: (1) A candidate for an election to the office of President shall be deemed to have been duly elected, where, there being only two candidates for the election – (a) he has the 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. (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- 13 Likes |
Re: Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by FatherOfJesus: 10:38am On Feb 28, 2023 |
Midehi3:them Don announce result. The whole thing now dey confusing because that part of the constitution no clear. Even lawyers no understand 11 Likes 1 Share |
Re: Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by FatherOfJesus: 10:40am On Feb 28, 2023 |
Bestmanfornow:please kindly explain. I swear, I no hear English. What does this mean in clear term? |
Re: Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by N3TRAL: 10:41am On Feb 28, 2023 |
Section 299 of the Constitution states that for the purpose of the constitution, the FCT is regarded as a State . Which means 37 states. 31 Likes 5 Shares |
Re: Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by NOTORIOUS100(m): 10:44am On Feb 28, 2023 |
N3TRAL:Keep deceiving yourself. The Election is going to "re-run for 21 days". -INEC 9 Likes |
Re: Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by bazoodo: 10:44am On Feb 28, 2023 |
N3TRAL:then it becomes more difficult. Why then state FCT explicitly when you have declared it as a state for the purpose of the constitution?? 5 Likes 1 Share |
Re: Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by N3TRAL: 10:44am On Feb 28, 2023 |
NOTORIOUS100: Keep spreading fake news. 18 Likes 1 Share |
Re: Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by duro4chang(m): 10:44am On Feb 28, 2023 |
IyaebeTheGreat:You are doing a good job. I wish we were all like you 10 Likes |
Re: Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by 0monnak0da: 10:45am On Feb 28, 2023 |
Bestmanfornow:The only new information you have added to the conversation is to call him ignorant Let me add more You are rude and uncouth You need to learn how to behave among human beings 14 Likes |
Re: Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by Sunmolar(m): 10:45am On Feb 28, 2023 |
Was FCT given a special status in the electoral law? If you have the required 25% in only 24 states and you have 25% in FCT you're the winner 5 Likes |
Re: Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by Nobody: 10:46am On Feb 28, 2023 |
duro4chang:All we need now is to pray for a better Nigeria and ask God to lead our incoming government right. We don’t need violence 4 Likes |
Re: Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by DMerciful(m): 10:46am On Feb 28, 2023 |
You're a learner. You need FCT bazoodo: 3 Likes 1 Share |
Re: Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by FatherOfJesus: 10:46am On Feb 28, 2023 |
N3TRAL:wahala 😂 Judiciart don hear am for this matter 🤣🤣 2 Likes 1 Share |
Re: Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by Obaofaba: 10:46am On Feb 28, 2023 |
Jagaban is the president elect. 25% in two third of the states AND the FCT means the FCT has been added to the two third of the states. Asiwaju has won, stop being emotional or delusional, wake up to reality, accept the reality and move on. See sec. 299 22 Likes 3 Shares |
Re: Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by Bestmanfornow: 10:47am On Feb 28, 2023 |
FatherOfJesus:Before one will be declare winner he need to get 25% in 24 states plus FCT |
Re: Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by Felabrity: 10:47am On Feb 28, 2023 |
Tinubu will never rule Nigeria Thunder fire INEC 9 Likes |
Re: Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by N3TRAL: 10:47am On Feb 28, 2023 |
Sunmolar: The constitution is the law here. section 299 gives it the status of a state for the purpose of interpretation of the constitution. 8 Likes 1 Share |
Re: Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by MrColdsweat: 10:47am On Feb 28, 2023 |
IyaebeTheGreat: And what problem has prayers solved in africa? 4 Likes |
Re: Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by bazoodo: 10:47am On Feb 28, 2023 |
DMerciful:the FCT is counted as a state. It's in the constitution 6 Likes |
Re: Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by Jogs1900: 10:48am On Feb 28, 2023 |
bazoodo:They states FCT to avoid ambiguity since FCT is not a state.Meaning it's 2/3 of 37 states. |
Re: Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by Nobody: 10:49am On Feb 28, 2023 |
MrColdsweat:Don’t ever underestimate the powers of collective prayers. Let’s pray for better times ahead. Let’s all shun violence in any form 4 Likes 1 Share |
Re: Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by Bestmanfornow: 10:49am On Feb 28, 2023 |
N3TRAL: Section 134 of the Constitution provides as follows: (1) A candidate for an election to the office of President shall be deemed to have been duly elected, where, there being only two candidates for the election – (a) he has the 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. (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- |
Re: Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by FatherOfJesus: 10:49am On Feb 28, 2023 |
N3TRAL:omo, that part of the electoral act will bring unnecessary arguments. I want to share a video from CNN with you. This our constitution needs review, if not lawyers go just dey argue. Even the San sef no understand 1 Like |
(1) (2) (3) (4) (5) (6) (Reply)
Atiku, Obi Reject Tinubu’s Victory, Begin Legal Challenge / China Builds First 600-feet High, Glass-bottomed Bridge In The World (photos) / Aregbesola Seeks More Financial Allocation To States
(Go Up)
Sections: politics (1) business autos (1) jobs (1) career education (1) romance computers phones travel sports fashion health religion celebs tv-movies music-radio literature webmasters programming techmarket Links: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) Nairaland - Copyright © 2005 - 2024 Oluwaseun Osewa. All rights reserved. See How To Advertise. 63 |