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Without Winning FCT, A President Cannot Be Legally Declared — Ozoani - Politics (11) - Nairaland

Nairaland Forum / Nairaland / General / Politics / Without Winning FCT, A President Cannot Be Legally Declared — Ozoani (47782 Views)

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Re: Without Winning FCT, A President Cannot Be Legally Declared — Ozoani by Pacesetter123(m): 12:09am On Mar 03, 2023
casualobserver:
All this quota system and envelope SANs. There is something called intent of the law. Does it make sense that someone wins 36 states and loses FCT and does not become president? Do you think that was the intent of the law? Sometime we have to pretend to have common sense even when we don’t have any!
Does it make sense that someone scored credits in 8 subjects and failed only mathematics and denied admission?
Re: Without Winning FCT, A President Cannot Be Legally Declared — Ozoani by Pacesetter123(m): 12:16am On Mar 03, 2023
Healthquest:
math. N English here are special case, why must FCT be speacial??.

Fct here is listed as a state which means u must get 25% in 24 states of the federation.

As per say if you get 25% in FCTV,de will count it for u as 1 state and not remove it
Maths and English here is a special case?
Then FCT is also a "special" state.
A state without a governor,H/A and LGA.
Therefore,the law is treating it as a special state that must be won or have 25% of total votes cast there in addition to having in any other 24 states.
Re: Without Winning FCT, A President Cannot Be Legally Declared — Ozoani by Pacesetter123(m): 12:19am On Mar 03, 2023
franchasofficia:
Dear Mr James, I need at least 5 persons from you and your wife on my birthday while coming, if not the gateman won't allow you in.



Can any honest person interpret the above statement correctly for me please? Does the above statement mean that Mr James will be allowed into my birthday venue if he comes with 6 guests without his wife amongst them?
Till now, nobody is able to answer this question.

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Re: Without Winning FCT, A President Cannot Be Legally Declared — Ozoani by Pacesetter123(m): 12:21am On Mar 03, 2023
Healthquest:
math. N English here are special case, why must FCT be speacial??.

Fct here is listed as a state which means u must get 25% in 24 states of the federation.

As per say if you get 25% in FCTV,de will count it for u as 1 state and not remove it.

In 1979 wen laGos was FCT , the then president got only 7% der and was declared.

Go n check the result
They are talking about 1999 constitution and not 1979.
Re: Without Winning FCT, A President Cannot Be Legally Declared — Ozoani by ebenholer2(m): 12:34am On Mar 03, 2023
HE IS BEING EMOTIONAL IN LAW INTERPRETATION. I HOPE HE IS NOT DELUSIONAL COS ON WHAT BASIS SHOULD ABUJA ONLY BE THE DETERMINANT OF WHO TO GOVERN US, THEN SUCH LAW IS A FOOLISH ONE.

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Re: Without Winning FCT, A President Cannot Be Legally Declared — Ozoani by humberjade: 4:37am On Mar 03, 2023
Pacesetter123:

From the table you posted both Buhari and Jonathan scored above 25%sad47% and 51% respectively) in Abuja.
So what's your argument now?

Now I understand your point, and it makes sense. But don't you think this section of the constitution basically means the eventual winner must get 25% in at least 2/3, which is 24 of the 37 States, which includes in this context, the FCT?

Well, I am not a lawyer, and it depends majorly on the interpretation of this section of the constitution by the highest Court in the land. The responsibility now rest on the retinue of Labour top lawyers to argue successfully this clause.
Re: Without Winning FCT, A President Cannot Be Legally Declared — Ozoani by akin9ja78(m): 6:36am On Mar 03, 2023
Who's father is this one, bubu did never win in FCT the 2 times but was declared winner

AlexReports:

https://barristerng.com/without-winning-fct-a-president-cannot-be-legally-declared-ozoani/
Re: Without Winning FCT, A President Cannot Be Legally Declared — Ozoani by demoBaba: 6:47am On Mar 03, 2023
GorillaApp:

That something is done in breech does not make it right.

That's why we are where we are today


My point is that Obi can't win presidential election with only his zone vote ( South East and South South)

He need to negotiate power from others zones.

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Re: Without Winning FCT, A President Cannot Be Legally Declared — Ozoani by Ezi1993(f): 6:58am On Mar 03, 2023
YorubaSamurai:
igbo girl don't quite me again
Yoruba man,I won't quote your non functional self again.
Re: Without Winning FCT, A President Cannot Be Legally Declared — Ozoani by CockAndBullStor: 7:03am On Mar 03, 2023
This one na Nzobu Nzobu lawyer grin

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Re: Without Winning FCT, A President Cannot Be Legally Declared — Ozoani by YorubaSamurai: 8:56am On Mar 03, 2023
Ezi1993:

Yoruba man,I won't quote your non functional self again.
you no dey hear?
Don't quote me again igbo girl
Re: Without Winning FCT, A President Cannot Be Legally Declared — Ozoani by aswani(m): 9:02am On Mar 03, 2023
This must get 25% 'argument' in FCT is dissapointing, we all need to move on especially now the electorate have thankfully woken up to see the power we have.
Re: Without Winning FCT, A President Cannot Be Legally Declared — Ozoani by Pacesetter123(m): 10:17am On Mar 03, 2023
humberjade:


Now I understand your point, and it makes sense. But don't you think this section of the constitution basically means the eventual winner must get 25% in at least 2/3, which is 24 of the 37 States, which includes in this context, the FCT?

Well, I am not a lawyer, and it depends majorly on the interpretation of this section of the constitution by the highest Court in the land. The responsibility now rest on the retinue of Labour top lawyers to argue successfully this clause.
2/3 of 36 states translate into 24 states.
Then when you score 25% in 24 states,In addition to that,in fact as a matter of necessity, you MUST score at least 25% in Abuja as a "special state". The status of Abuja (FCT) as a state is not the same as other states of the federation.It is the administrative center of government of Nigeria federation,Hence, its special state status .That is why that section of the constitution says......."(.......AND FCT)" .
So that is the position of the law.


Just like all subjects in secondary schools are subjects.But English and Maths are also subjects but are given special status..
So it doesn't concern JAMB and the Institutions whether you have scored 7 or 8 credits in every other subjects,but so far you scored D or F in English or Maths, you will be denied admission.
It is a lawful requirements for gaining admission which must be fulfilled.
The same thing goes to Abuja,weda a candidate scored 25% in 36 states but so far FCT is not there,the law says such a candidate shouldn't be declared a winner.


Finally, just has you have said,let's leave it for the supreme court to do their job.

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Re: Without Winning FCT, A President Cannot Be Legally Declared — Ozoani by Afamed: 10:24am On Mar 03, 2023
So you can not become the Gov of Anambra without winning in Awka?

Too many lazy youths in Nigeria

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Re: Without Winning FCT, A President Cannot Be Legally Declared — Ozoani by GorillaApp(m): 10:39am On Mar 03, 2023
demoBaba:



My point is that Obi can't win presidential election with only his zone vote ( South East and South South)

He need to negotiate power from others zones.
I really don't want to argue but there are people who say he won other places like nasarawa and Benue etc.
I'm not going to argue with anyone
Re: Without Winning FCT, A President Cannot Be Legally Declared — Ozoani by demoBaba: 2:07pm On Mar 03, 2023
GorillaApp:

I really don't want to argue but there are people who say he won other places like nasarawa and Benue etc.
I'm not going to argue with anyone


South West is flexible with Ibos....Obi won Lagos and Atiku won Osun.

Did northern voted for Obi? NO.

So how did you want Obi to win the election.
Re: Without Winning FCT, A President Cannot Be Legally Declared — Ozoani by Unclefemolala(m): 1:30am On Mar 04, 2023
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.


You're totally correct

Sec 133(b) can't be read In isolation without referring to SEC (299) on FCT Abuja

The Section 299 of the constitution says that FCT should be treated as any other state in the constitution so ie. 2/3 of 37 states which is 25 and BAT has more than that

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