So if I Win 100% in FCT and I come 10th in election iam good to be Nigerian president? This one na Mumu prayers, so far you win Election with over 28 state you got 25% Abuja clause is as good as useless

Here is the citation: Fawehinmi v. Babangida (2003) 12 WRN 1; (2003) 3 NWLR (Pt. 808) page 604. You can research on it. I don't have online copy. Thank you.

00FFT00:


Can you post a copy of that SC judgement or a like to it.
Thank you

Obinoscopy:

https://www.youtube.com/watch?v=zzNchKUi6MU

The former President of the Nigerian Bar Association (NBA), Olisa Agbakoba, actually saw this political conundrum of 25% requirement coming and wrote to INEC seeking clarification and also seeking their understanding of Section 134 of the Constitution which states that the winner of a presidential election must get 25% of the casted votes in two-thirds of the States and the FCT. He wrote the letter in January, 2023.

The video above even shows Agbakoba asking the INEC spokesman, Festus Okoye, this same question and Festus dodged giving a response. He simply said the INEC Chairman will be the only one who can answer this question and the Chairman will only answer this question after the election is conducted. The video was before the election.

See the video above.

I asked exactly this same question just before the election hoping that someone knowledgeable in Nairaland would give a response. Little did I know that even the INEC chairman and spokesperson didn't have an answer to the question.

NaijaCowFarm:
Does Nigeria constitution regard FCT as a state? No!

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.

By the last line of your statement , Tinubu wasn’t qualified to be declared President- elect

We are on the same page bro. Having 25% votes in FCT is not sacrosanct to become a president, provided he has simple majority of all the votes cast nationwide and minimum of 25% of votes cast in at least 25 2/3 of the states.

oluwaseyi0:



Nigerians in Abuja get 2 heads each compared to Nigerians from 'non-Abuja' territory?



so if a presidential aspirant win outright majority in all 36 states but didn't get 25% in Abuja he won't be president?
dey play, just they play

just so you know, the minister of state for FCT is the 'governor' for FCT territory, the president remains the fucking president and nobody's governor

helinues:
Charge and bail lawyer

You dare call Olisa Agbakoba a charge and bail lawyer? My goodness. Some of you are on the precipice of outright in.sanity! A SAN and former president of Nigeria Bar association. A man that has practiced law almost as long as your age cos I'm sure you must be a kid.


It's high time Seun approves KYC verification on this forum so we can see the actual identity of riffraffs like you. It will purge the issue of tribal slurs as well and make it easier to sue people for defamation and hate crimes.

Your analysis make sense die....the drafters of the constitution wanted the candidate to must win the FCT as is represents the diversity of the country and it's the seat of power, if Lagos was still the FCT maybe they would have said and Lagos state...this is one of the reasons they moved FCT from Abuja to give it it's exclusivity...if the supreme court says otherwise then Abuja should have governor,deputy governor, state assembly, equal number of senators and representatives...let's wait and see

witsel4:


Read section 297 to 304 of the 1999 constitution on the composition and status of the FCT. You'll understand that Tinubu failing to score the required 25%, means he is not duly elected.
The president is in its equivalent the governor of Abuja, the vice as the deputy governor, federal House serves as the equivalent of state Houses of assembly and also attorney General of the federation as the commissioner for justice in the FCT. So failing to score the mandatory 25% in the FCT makes him ineligible to seat at the FCT as the governor of the said State. There by making him not duly elected as a president

CharleyBright:
The reason for that FCT clause was to ensure the importance of the FCT as the capital and the seat of power in governance. Hence, any winner of the Presidential election must secure at least 25% votes in the FCT to ensure that his govt is acceptable to some extent in the state capital.
That is the true interpretation of that aspect of the electoral law.
Tinubu failed to meet that requirement.

Personally, I don't even trust the electoral court to interpret that law in it's true sense because they will try to avoid throwing the country into chaos if they say it the way it is and nullify Tinubu.
What I perceive is they will turn blind eyes and let Tinubu and then the NASS will later try to amend that aspect of the law to
But that spells injustice for the voters

the drafter of that clause didnt do justice with the use of words. Its simple yet confusing. A correct requirement would have been 25% in two third of all states of the federation and the fct

SenatePresdo:
Its more like.

For you to pass WAEC, you must pass 5 subjects, and English language.

For you to win Presidential Election, you must have 25% in 24 states, and FCT.

The say that FCT is a state, is English not a subject??

We are impatiently waiting for them.

Wrong Assertion try and relate meaningfully can Abuja Election cancel Nigerian Election ? They don't have Governor let PITOBI the winner of Abuja enter Abuja government house. Shikena!

SenatePresdo:


Go and ask WAEC how English language take get two head, for them to say you must pass it before you pass your WAEC.

If you get 8 A's in WAEC and fail English, you failed.

English language is to WAEC what FCT is to Presidential Election, una go dey alright Las Las

The key phrase, "And the FCT"

If FCT is a state, why would they have to add the conjunction, and?

They gave it an exclusivity, hence the And

We are waiting for them!!

Una no dey ever get sense. That's why u keep losing. English is compulsory because that's the language you'll be taught with in higher institution. It's totally different from fct. Una go still cry again las las. Nzogbu zogbu people

Why are you arguing over simple issue. there is no case concerning 25% of FCT. President Buhari did not win in Abuja in 2019. Abuja is just like every others state. just because they don't want to call it a state is the confusion confusing the losers.

Obinoscopy:

https://www.youtube.com/watch?v=zzNchKUi6MU

The former President of the Nigerian Bar Association (NBA), Olisa Agbakoba, actually saw this political conundrum of 25% requirement coming and wrote to INEC seeking clarification and also seeking their understanding of Section 134 of the Constitution which states that the winner of a presidential election must get 25% of the casted votes in two-thirds of the States and the FCT. He wrote the letter in January, 2023.

The video above even shows Agbakoba asking the INEC spokesman, Festus Okoye, this same question and Festus dodged giving a response. He simply said the INEC Chairman will be the only one who can answer this question and the Chairman will only answer this question after the election is conducted. The video was before the election.

See the video above.

Agbakoba is a Prophet.

Mindlog:


In real life, if one had 8 As and failed English language......that 8 As need to be investigated, how you take read pass those subjects?🤔

Some people are damn smart, see epic response.

Afonja2:
In other words, even if you win all the 36 states of the federation and you did not score 25% in FCT, you can not become a president?

You think the drafters of Nigeria constitution are so daft? What is the big deal about FCT that unless you win 25% of it's total votes, you can not be president?

Agbakoba and his ilks know they are just being mischievous. Senior Advocates of Nonsense

It is as simple as you put it.

Mindlog:


In real life, if one had 8 As and failed English language......that 8 As need to be investigated, how you take read pass those subjects?🤔

If you answer 1 out of 5 question you were asked to attempt, due to some circumstances be young your control, it means you will fasil English language and equal to failing the exam as you will have to retake the waec exam. Therefore, no admission for that year. In this case APC score below pass mark in English Language ( ABUJA ), he didn't pass the exam .......

Mindlog:


In real life, if one had 8 As and failed English language......that 8 As need to be investigated, how you take read pass those subjects?🤔

Meaning that Tinubu as a president-elect needs to be investigated .


BATist urchins go dey alright las las

seunmsg:
There is no confusion anywhere. That someone filed a case in court doesn’t mean he’s right. The case is simply a waste of time and will be trashed. Section 299 of the Constitution is as clear as daylight.

what does it state.

bonbay:
Why are you arguing over simple issue. there is no case concerning 25% of FCT. President Buhari did not win in Abuja in 2019. Abuja is just like every others state. just because they don't want to call it a state is the confusion confusing the losers.

Stop saying what you don't know.

Buhari won 25% in 2019.

Atiku won in Abuja having 259,995 and Buhari had 152,224 votes.

That is more than twothird.

There was never a time a declared winner failed to score 25% until now

abdul23:
So we in the FCT have this so much power.
On a second note it's ridiculous. How can Abuja be a compulsory requirement. It's too absurd. No where in the world that happens.

Then quickly go and alter the Constitution.

theforemost:


You are a MUMU and not a lawyer.
Ask your self if FCT didn't meet the requirements of being referred to as a state when it has all govermental council's like that of a state and they being elective.

And also, taken apart " ....25% ..." in the FCT determining the winner , would be giving the power to FCT, over and above ALL 36 states put together.
Meaning;
One who loses power of highest vote and not attain 25% but despite not having all these requirements but only wins 25% in the FCT would still be declared the winner??

You never wrote Waec or Neco or Gce.

You are so daft... spits

skj1377:
With the way things are going Nigeria will resort to regional government or arnachy soonest. Let me add if Supreme court decides that 25% is needed in Abuja alone to become the president of Nigeria then what happened in Lagos will be a childsplay to what will happen to Ibo's and probably non indegines in Abuja during every presidential election. Obidients should better have a long term view of their position instead of this senseless desperation for Ibo after his election loss.

Seun, this guy just threatened an entire region with ethnic cleansing. Will you let him remain on this forum?

Katcall:
dunce, its in two third of all states in the federation and the fct

Fool, how dumb can you be. When we all say all states, shouldn't you dull brain tell you these are states in the federation, Nigeria. Or are we referring to states of another country here?

00FFT00:


1. No Nigerian has emerged president without securing 25 percent of the votes cast in 24 states and the FCT. The process of securing these votes can be discussed whether they were rightly cast or rigged.

2. That, in its nature, is an attestation to the validity of that constitutional provision over time as an established and accepted framework.

3. The word “And”, in the manner of it wording in the constitution, is conjunctive. What that means is that it is an additional requirement.

4. Festus is wrong to assume that Yakubu has been appointed the prerogative to pick and chose how our laws should be interpreted based on his whims and caprice.

6. The best this Inec could have done, was to make a declarative statement before the elections in the manner allowed it by the constitution. You cannot change the rules in the middle of a game, and ultimately where the same rules do not appoint you the rights to do so.

That's why I laugh at the ignorance of people who think Peter Obi has no case.

You can't go to the law court and be screaming, the election was rigged there needs to be substantial evidences without any reasonable doubt.

Where I hail his intelligence is the fact he is challenging the process and not the outcome because the APC would have cleaned everything that would implicate them in the election outcome.

But you see the process there are always loopholes and it is left for his lawyers to explore those loopholes and bring it forth before the court.

Afonja2:
In other words, even if you win all the 36 states of the federation and you did not score 25% in FCT, you can not become a president?

You think the drafters of Nigeria constitution are so daft? What is the big deal about FCT that unless you win 25% of it's total votes, you can not be president?

Agbakoba and his ilks know they are just being mischievous. Senior Advocates of Nonsense

FCT is a symbol of all tribes as its the capital ... getting 25% means , u got 25% of the people... FCT unifies the country as one ... so a candidate must het 25% votes to b declared winner after getting the highest number ...this election will b re-run

This thread argument pros and cons showed us clearly why Obi supporters will continue to search their old school books till the next four years as there emotions continue to boil and the few ones with time to spare grasping for breath.

It is pretty obvious that most Obi supporters go to school to get grades only as the school doesn't change anything in their grey matter to resemble reasonings and clarity of purpose.

Very good lawyers here have pointed out the use of syntax and grammar in law writing and presentation but that is not changing their mindsets.

The WAEC argument was used by their tribes people in the Nigerian first Republic to frustrate many brilliant minds in the 1950/60s because many people were refused admissions into Universities by mere pass in WAEC results of the time. Igbo people need only one person to obtain one good WAEC results with a name and packam every Igbo person seeking admission into Universities will answer this name. With the availablity of many universities today in Nigeria this bottleneck was trashed,

Young people from other tribes should not allow themselves to be bottlenecked by spurious argument that produces nothing but emotions and feelings of naught.

How can someone with 8As and one English language pass not make it in life. Besides, English is not a mother tongue and should be considered as a tools for learning. If someone doesn't have a flair for English language the same person could be fascinated by French as a foreign language.

One sided thinking should be discouraged as much as possible,

The federal Capital Territory is not a state as found in the Nigerian constitution and it is not significant as in 25 percent calculation but the respective party must show presence in the Nigerian capital with votes above zero. One person is a presence, particularly when the party has upwards of 28 states of 25percent standing.

Only jaguda pali and oluwole lawyers will argue otherwise. The elections are already won and lost go and find something else to do.

Cultivate that land near your house, you can plant corn at least so that when everybody is eating corn you will not be left out.

Poanan:

what does it state.

FCT should be treated as a state when it comes to constitutional matters.

dadsonade7:
Going to court at this point in time is a waste of time and resources.Jagaban can not removed.The aggrieved parties starts preparing for 2027 in earnest.

If they do their home work well,luck might smile at them but,for now.The vacancy in Aso Rock has been occupied by Tinubu against all odds.

For those staging meaningless protests,whoever dies for any politician is at his own peril.Life goes on.

God bless Nigeria

ok, people in various times have spoken like this before but GOD SHUT THEM UP !

That's is how lawlessness is celebrated in this country

Someone says Nigeria's not good


How can it be good when they can obey their law

Even the lowest requirement of civilization demands you obey the law

Am fellow humans are happy over that

Tomorrow you start stempeeding for russian visa

The blood in this vein is as crystal clear as AND and OR!

What does AND mean to U?

The Constitution is not a jigsaw or puzzle!

Again, what does OR mean & what does A N D mean?

Nigerians: Take Back Your Country
ItIsNowOrNever
EnofIsEnof

SmartPolician:
That FCT 25% NONSENSE sounds absurd to me. FCT is often separated from the 36 states because it's a territory, not a state (they cannot call it 37 states). However, as far as the election is concerned, FCT is like every other state in the country.

BTW, if Peter Obi is hoping to use that as basis to upturn Tinubu's sham victory, then I am afraid he has no case against the Druggie because it won't work.

I think that AND ABUJA is an error on the part of those that drafted the constitution. It could have been INCLUDING ABUJA. President don't need to win 25% in Abuja.

Now. Uncle T is a victim. The whole world will be watching with interest

FOLYKAZE:
INEC has declared the winner already so Festus Okoye was right with his response. Anyway the matter is in court already, we shall see to it if INEC decision is right or wrong

what do you know about constitution?

Formularcr7:
I don't think 25% in FCT will be a must because in future if we have 5 strong candidates, definitely none of them might have 25%. The 25% is only visible when we have few contestants

Simple, there will be a rerun between two candidates, (highest votes vs highest states).