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Nairaland Forum / Nairaland / General / Politics / CHAT GPT: Is FCT A State According To The Constitution Of Nigeria? (3141 Views)
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Re: CHAT GPT: Is FCT A State According To The Constitution Of Nigeria? by Chinjo2: 10:37am On Mar 23, 2023 |
The law is crystal clear and does not need further clarification. Tinubu has not met the constitutional requirements to be declared a winner as such should not be sworn in. A disregard for the constitution is a call for anarchy. 3 Likes |
Re: CHAT GPT: Is FCT A State According To The Constitution Of Nigeria? by lionshare: 10:51am On Mar 23, 2023 |
AdaojoTheUrchin:Lets assume that you are correct; mention one country in the entire world where the president must win certain percentage of the votes in the capital city to be elected? 1 Like |
Re: CHAT GPT: Is FCT A State According To The Constitution Of Nigeria? by Jokay07(m): 10:51am On Mar 23, 2023 |
Section 134(2) that a candidate must (a) have the highest number of votes cast at the election; and (b) have not less than 25% of total votes cast in at least two-third of all the States in the Federation and the FCT, Abuja. What does the Constitution mean by 25% of votes in all the States in the Federation and the FCT, Abuja (FCT) and how should this be interpreted? These are the questions sought to be answered here. Before we proceed to review and give an interpretation to these provisions, we must bear in mind that the Constitution is not read and interpreted like any other book, there are rules for interpreting the Constitution and we will now examine same. RULES FOR INTERPRETATION OF THE CONSTITUTION In the 2022 decision of FRN v Nganjiwa3 the Supreme Court, while relying on some of its earlier decisions, reiterated the settled position on how to interpret provisions of the Constitution as follows: (a)Where the words of the Constitution are clear and unambiguous, a literal interpretation will be applied. (b) Where there is ambiguity in a literal interpretation, a holistic interpretation would be resorted to. (c) All sections must be read together and purposively so that no section is rendered redundant or superfluous. (d) If the words remain ambiguous, the intention of the makers of the Constitution must be discovered to determine the mischief sought to be cured. (e) The Court is entitled to consider how the law stood when the statute was passed, what the mischief was for which the old law did not provide and the remedy which has been provided by the new law. Hence, the Constitution is to be interpreted purposively and holistically and where a literal reading of the Constitution leads to absurdity, recourse must be made to the mischief which the law seeks to cure. It is important also, that we consider how the Courts have interpreted these provisions of the Constitution, although on dissimilar facts, as this will guide us on how the Courts are likely to interpret these provisions even though on a different set of facts. JUDICIAL DECISIONS ON SECTION 134(2) AND SECTION 299 The Court of Appeal in Okoyode v FCDA4 had cause to interpret Section 299 of the Constitution on whether the FCT was a State and in its decision stated that the FCT should be treated as one of the States in the Federal Republic of Nigeria. In essence, the question submitted to the Court was whether the Federal Capital Development Authority (FCDA) was an agency of the Federal Government of Nigeria. The Court in answer stated that the FCDA was an agency of the FCT which is a separate unit from the Federal Government and should rather be seen as a State and a separate administrative unit distinct from the Government of the Federal Republic of Nigeria. COPIED Point 2 Going by the analogy above. It's been established by a competent court of law that FCT should be considered as a state. Proving further, Mathematically. Getting 25% votes in Two third (⅔) of 36 State apart from FCT is 23.9 or 24 states approximately. But, Getting 25% votes in Two third (⅔) of 36 State (+), (and) including from FCT is 24.6 approximately 25 states Conclusion. Interpretation of the said constitution even prove further that wining or getting 25% in FCT is not a must. 2 Likes |
Re: CHAT GPT: Is FCT A State According To The Constitution Of Nigeria? by Mujtahida: 11:10am On Mar 23, 2023 |
GreyLaw:The bolded is false. If not provide the citation of the case. |
Re: CHAT GPT: Is FCT A State According To The Constitution Of Nigeria? by Bryan88(m): 11:13am On Mar 23, 2023 |
AntiChristian:stupid people with stupid reasoning and questions...FCT na state yet there was no guber election in FCT and yet some1 dey ask is FCT na state? No, no be state, na local govt...mumu afonjas everywhere. Abi u don ever here anytin like governor of Abuja state b4? Mumu people. 4 Likes |
Re: CHAT GPT: Is FCT A State According To The Constitution Of Nigeria? by Rickmann: 11:15am On Mar 23, 2023 |
AntiChristian: Do Nigerians not reside in the fct? Aren't they entitled to vote. 1 Like |
Re: CHAT GPT: Is FCT A State According To The Constitution Of Nigeria? by AntiChristian: 11:15am On Mar 23, 2023 |
Jokay07: This confirms Chat GPT below;
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Re: CHAT GPT: Is FCT A State According To The Constitution Of Nigeria? by miceroms: 11:18am On Mar 23, 2023 |
Everyone looks forward to the interpretation by the judges. |
Re: CHAT GPT: Is FCT A State According To The Constitution Of Nigeria? by AntiChristian: 11:19am On Mar 23, 2023 |
Bryan88: We are not here to abuse/curse but to interpret the law as much as we can. We are not lawyers and Supreme Court has the final say in this regards! FCT can be a state WITHOUT HAVING LG/Governor/Guber elections due to the special privilege it has. I think Chat GPT below summarizes this:
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Re: CHAT GPT: Is FCT A State According To The Constitution Of Nigeria? by KanwuliaExtra: 11:20am On Mar 23, 2023 |
If it were a state, it would have a governor and a house of assembly. Is Washington DC a state? When you were copying the WEST, you failed to take notes abi? 3 Likes 1 Share |
Re: CHAT GPT: Is FCT A State According To The Constitution Of Nigeria? by AntiChristian: 11:21am On Mar 23, 2023 |
Rickmann: Of course! That's where it seems to be like a state! 1 Like |
Re: CHAT GPT: Is FCT A State According To The Constitution Of Nigeria? by Jokay07(m): 11:28am On Mar 23, 2023 |
AntiChristian: Lolz. Wtf!! You are using AI to interpret the constitution? Is that what Peter obi would present in Court? Can you tell the AI to interpret the ⅔ of 36 states and ⅔of 36 States and FCT? |
Re: CHAT GPT: Is FCT A State According To The Constitution Of Nigeria? by D1official: 11:32am On Mar 23, 2023 |
sharpwriter:Not humans but your deluded "urchinistic brain". |
Re: CHAT GPT: Is FCT A State According To The Constitution Of Nigeria? by puremaker7(m): 11:37am On Mar 23, 2023 |
AdaojoTheUrchin:Ode, is it not people computing intelligences into Al. |
Re: CHAT GPT: Is FCT A State According To The Constitution Of Nigeria? by AntiChristian: 11:50am On Mar 23, 2023 |
Jokay07: The bone of contention that needs to be determined is if FCT can be regarded as a state in the constitution! And Section 299 has been interpreted by the AI. And that has been interpreted in reality too. Background In 1979, Shehu Shagari was ruled to have won the Election and this was confirmed by the supreme court despite needing 25% of votes in Lagos (then FCT) to have won! Awolowo won Lagos (as FCT then) with 82.3% votes while Shagari had a meagre 7.18%. Lagos was counted with other states! 2/3 of 19 = 12.66 Awolowo wanted an approximation to 13 so that Shagari would not win! But Shagari won since he had that 12.66! And there are other related court rulings that supports that chat gpt conclusion! 1 Like 1 Share |
Re: CHAT GPT: Is FCT A State According To The Constitution Of Nigeria? by lordofreal(m): 11:59am On Mar 23, 2023 |
You are not ok no be somebody that design your chat gpt abi? AntiChristian: |
Re: CHAT GPT: Is FCT A State According To The Constitution Of Nigeria? by AdaojoTheUrchin: 12:07pm On Mar 23, 2023 |
lionshare: The constitution is the constitution. It is what you have been killing people and IPOB to defend for donkey. You cannot approbate when it suits you and reprobate on the sane issue when it also suits you. |
Re: CHAT GPT: Is FCT A State According To The Constitution Of Nigeria? by AdaojoTheUrchin: 12:11pm On Mar 23, 2023 |
AntiChristian: These clauses are mere semantics and has technicalities that can be argued either way. But the primus inter pares of the the LAW is clear and unambiguous and it says YOU MUST OBTAIN 25% of the FCT votes. That one cannot be swinged in anyway by anyone. Except they can prove to us that Malagasy and not English is the lingual medium of training for lawyers and Judges in Nigeria, the facts will continue to stand permanently erect the penis of Priapus the Greek god of fertility. 3 Likes |
Re: CHAT GPT: Is FCT A State According To The Constitution Of Nigeria? by IamANigerianMan: 12:12pm On Mar 23, 2023 |
Importnaire:My problem with you Tulubu supporters is the level of your reasoning , whether it is the state or not.. the Constitution says one must has 25% in FCT(state) before meet the requirements as president elect... The truth is that FCT cannot be state. 2 Likes |
Re: CHAT GPT: Is FCT A State According To The Constitution Of Nigeria? by Demogorgon(m): 12:16pm On Mar 23, 2023 |
AntiChristian:So Nigeria was using 1999 constitution in 1979? |
Re: CHAT GPT: Is FCT A State According To The Constitution Of Nigeria? by jumobi1(m): 12:34pm On Mar 23, 2023 |
Sec 299: "The Provision of this constitution shall apply to the Federal Capital Territory, Abuja as if it were one of the states of the Federation" To be declared winner of a presidential election, you must win 25% of total votes in 2/3 of states and the FCT Taking Sec 299 into consideration, if the framers of the constitution intended for the FCT NOT to be a separate and additional requirement, won’t the requirement simply state “ To be declared winner of a presidential election, you must win 25% of total votes in 2/3 of states”. Sec 299 would then imply that FCT is among the “2/3 of states” because the FCT should be treated “as if it were one of the states of the Federation”. Since “and the FCT” is included in the text, it suggests 25% in the FCT is also required when it comes to presidential elections. |
Re: CHAT GPT: Is FCT A State According To The Constitution Of Nigeria? by jumobi1(m): 12:47pm On Mar 23, 2023 |
AntiChristian: This is actually interesting. A difference is that Lagos was a State and had a gubernatorial election which Jakande won. I see the angle you’re looking at though. I don’t think Shagari should have been declared winner. He had 25% in 12.66 states which was less than 2/3 of the states. 1 Like |
Re: CHAT GPT: Is FCT A State According To The Constitution Of Nigeria? by Jokay07(m): 12:49pm On Mar 23, 2023 |
AntiChristian:Firstly, the judicial proceeding you called upon was nothing but judicial miscarriage . That's why it was regarded as a day "law died in Nigeria" Secondly, You are misquoting the whole judicial process. The bone of contention then as declared by Chief Obafemi Awolo was never about the Federal capital but having less than one quarter of the votes cast at the election in each of at least two thirds of all the (19) states within the federation which Shagari did not have. And By the declared results agreed, Shehu Shagari got 25% of the votes cast in twelve (12) states; namely: Bauchi, Bendel, Borno, Cross River, Gongola, Kaduna, Kwara, Niger, Plateau, Rivers and Sokoto. The 13th state was the issue. It was Kano state – where Shagari scored 243,423 votes, equivalent to 19.4% of the 1,220,763 votes cast in total. That aside, that is not where I going. The issue as regards whether the Federal capital should be regarded as a State has been settled already. Read below JUDICIAL DECISIONS ON SECTION 134(2) AND SECTION 299 The Court of Appeal in Okoyode v FCDA4 had cause to interpret Section 299 of the Constitution on whether the FCT was a State and in its decision stated that the FCT should be treated as one of the States in the Federal Republic of Nigeria. In essence, the question submitted to the Court was whether the Federal Capital Development Authority (FCDA) was an agency of the Federal Government of Nigeria. The Court in answer stated that the FCDA was an agency of the FCT which is a separate unit from the Federal Government and should rather be seen as a State and a separate administrative unit distinct from the Government of the Federal Republic of Nigeria. |
Re: CHAT GPT: Is FCT A State According To The Constitution Of Nigeria? by Highways: 12:55pm On Mar 23, 2023 |
No, Abuja is not a state in Nigeria as per the Nigerian Constitution [2][3]. The constitution explicitly states that the Federal Capital Territory, Abuja, is not a state but a separate administrative entity that is under the direct control of the federal government [2][3]. The constitution also affirms that the provisions of the constitution shall apply to the Federal Capital Territory, Abuja [3]. **References:** [1] [Chapter 1, Section 3. States Of The Federation And The FCT ...](https://nigerian-constitution.com/chapter-1-part-1-section-3-states-federation-federal-capital-territory-abuja/) [2] [Constitution of the Federal Republic of Nigeria](http://www.nigeria-law.org/ConstitutionOfTheFederalRepublicOfNigeria.htm) [3] [Feb 28](https://twitter.com/toluogunlesi/status/1630529607844634625?lang=en) |
Re: CHAT GPT: Is FCT A State According To The Constitution Of Nigeria? by Bryan88(m): 1:13pm On Mar 23, 2023 |
AntiChristian: |
Re: CHAT GPT: Is FCT A State According To The Constitution Of Nigeria? by Spy360(m): 1:14pm On Mar 23, 2023 |
GreyLaw:You are correct. APC could have easily rigged FCT to get the required 25%. Why didn't they do so? That's because they focused their machinery in rigging the states they believed they didn't have the majority advantage. Like Rivers, Kano, Benue, Imo, etc. Incidentally and interestingly, in those states where they thought they have some advantage, they lost. Eg Lagos, Osun, Kaduna, Borno, Katsina, etc. Meaning that where they won they rigged, and where they didn't win was where they didn't rig much, at least to a conclusive extent. APC are crooks. 1 Like |
Re: CHAT GPT: Is FCT A State According To The Constitution Of Nigeria? by ebufa: 1:20pm On Mar 23, 2023 |
vedaxcool: so that is why APC plotted a coup against the Nigerian constitution, February 25 election was a coup,and we know the plotters.....no worry the army will do to Tinubu what the army does to coup plotters.... Tinubu should prepare to walk the narrow path to the firing stakes...........he does not know what he has entered into! |
Re: CHAT GPT: Is FCT A State According To The Constitution Of Nigeria? by Akwamkpuruamu: 1:24pm On Mar 23, 2023 |
Teddy0147: Simple analogy, to gain admission you need five credits and English and maths. Can u gain admission without English,, even if you pass other subjects with A1? 2 Likes |
Re: CHAT GPT: Is FCT A State According To The Constitution Of Nigeria? by DeOTR: 1:54pm On Mar 23, 2023 |
Akwamkpuruamu:5 subjects and English would makes sense in this instance because English is a proper subject. However, 36 states and FCT doesn't mean the same thing as your subject instance because FCT is not a proper state of the federation. If you're asked to represent that statement in Maths and you write something like (2/3 x 36) + 1 instead of 2/3 x (36 + 1), you'll score zero. |
Re: CHAT GPT: Is FCT A State According To The Constitution Of Nigeria? by Godspikin: 3:58pm On Mar 23, 2023 |
AdaojoTheUrchin: Hogwash! |
Re: CHAT GPT: Is FCT A State According To The Constitution Of Nigeria? by lionshare: 4:04pm On Mar 23, 2023 |
AdaojoTheUrchin: Pls answer the question |
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