N3TRAL:


FCT has been declared by the supreme court to have the status of the 36 states.

Read the case of Bakari V. Ogundipe (2021) 5 NWLR (Pt 1768) 1 SC . The Supreme declared that the FCT has the status of the 36 states. It is settled law.

The only thing the supreme court will do here is reaffirm it in respect to the presidential elections.

You guys like twisting words, I've read the case, it did not say status, it said should be treated as a state for a specific purpose which the case was handling, and when you have such a judgement passed it is because there is no law that was specified for such a case on like the one in the electoral act which is very specific...

Thank you

KingsCity:
Let’s say a candidate won 36 states 100% but failed to get 25% in FCT.

Are you telling me this candidate should not be declared president?

So Abuja is now more important than every other state?

Does this make any sense?

The constitution said if you do not meet the 25% in abuja while getting the spread in the other states,a rerun which includes the one with the highest number of votes plus spread and the first runner up in the election with the spread will have an election in 21 days!
In the rerun,whoever wins with the highest number of votes(not spread) will be declared the winner!
These are contained in the electoral laws as amended!

adanny01:


If 25% of Abuja is a most. 1999, 2003, 2015, 2019 elections would have automatically been a stalemate with no winner. There is also no way to proceed having a president in the constitution. It will be a lacuna.

Think critically my friend.Obj didn't win Abj twice, same with Buhari twice.

Imagine each of all those sceneries, no one wins. What will happen.

Think very well, if 25% in Abj is a must. This election has no winner, and the constitution has nothing prescribed for this situation. It's a deadlock and then chaos.

Those who drafted the constitution know this and they couldn't have planned a deadlock election. One that has happened 5 out of 7 elections since 1999.

Lastly, did I mention Tinubu or INEC?

Your comprehension and interpretation is simply wrong.

Contrary to your assertions,PDP under OBJ won FCT twice scoring 59,234 votes with 59.8% in 1999 and 130k votes with 49% in 2003.
Buhari didn't win FCT but he had 47.72% in 2015 and 35.91% in 2019 thereby gaining the 25% required of FCT
Tinubu is the only president elect that did not meet up with the 25% FCT

The constitution explicitly states that where a candidate doesn't meet the requirement though has a spread,a rerun is established where the one with the highest number of votes plus spread will contest with the first runner up that also has the spread in 21 days!
The eventual winner will be decided based on the candidate that is able to attain the highest number of votes!

Brendaniel:


You are still missing it, it not a must that you win Abuja, but the 25% is required which Tinubu did not meet...

Tinubu is the only president elect that neither won abuja nor attained the required 25% from FCT!
OBJ won twice in 1999 and 2003
Yaradua won in FCT though results weren't shown up till now due to widespread manipulation of results which Yaradua himself admitted!
GEJ won FCT 58.89% in 2011
Buhari didn't win FCT but attained above the 25% requirement in FCT

Brendaniel:
I have tried as much as possible to avoid debating on this issue, but sometimes one needs to look at some issues from the simplest forms to solve some problems, so firstly we will need to define the meaning of a state.

According to Oxford dictionary a state is a nation or territory considered as an organized political community under one government.

Now let's talk about Nigeria, Nigeria has 36 states and the FCT, Note that when they teach you in school or write the states and capitals in Nigeria, FCT is the only one without a capital, they just write FCT, the reason is because it is not a state but a capital, it is the capital of Nigeria.

Let's go back to the definition of a state, Nigeria itself is a state and its capital is Abuja(FCT), it is like Lagos and Ikeja, Lagos is a state and Ikeja is its capital.

Now let's go back to the constitution that requires INEC to declare a candidate winner of the presidential election and it states:

The Constitution in stipulating the requirements for election as Nigerian president states in 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.

So here you have it, 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.


The reason those who wrote the constitution had to still write FCT, Abuja is because they knew it was not a state and so did not count Abuja as a state but a capital, if not they would have stopped the statement at "have not less than 25% of total votes cast in at least two-third of all the States in the Federation".

But they had to stress FCT,Abuja in it to make sure that whoever will interpret the law will know that Abuja was not considered a state when they were referring to "states".


So in essence Abuja is not a state and has never been considered a state constitutionally, it is the capital of Nigeria, it is like what Ikeja is to Lagos, that is why there is no document that uses the statement like Abuja state or state or Abuja like you have Osun state or state of Osun, all you see is Federal capital Territory(Abuja).

So INEC did not follow the constitution

Any way anyone chooses to look @ the situation is your prerogative, but one thing is for sure the Supreme Court will have their own interpretation (Government Magic) & rule in favor of Bola Tinubu & the ruling party APC.

KingsCity:
Let’s say a candidate won 36 states 100% but failed to get 25% in FCT.

Are you telling me this candidate should not be declared president?

So Abuja is now more important than every other state?

Does this make any sense?

At the bolded, then something is fundamentally wrong with that winning

I am not implying that it is impossible but in an ideal situation if a candidate can win all the 36 states of the federation, getting at least 25% in Abuja FCT shouldn't be a problem

adanny01:


There are 2 conditions to become President elect, let's assume you are correct, Tinubu cannot be declared.

Tinubu has the highest votes and 25% in 36 states.

Obi has 25% FCT

Atiku has non

Kwankwaso worst.

In this situation, who gets declared?

It can't be Tinubu, it also can't be Obi.

There's then no constitutional procedure for INEC to resolve it and May 29 Buhari leaves. INEC is not empowered to do another rerun or new election. No VP. Even if Senate president becomes president according to the constitution. The current senate President leaves office soon. The new Senate can't be inaugurated because there's no president to inaugurate and CJN doesn't have that power.

That will be a LACUNA!

That FCT 25% you guys are talking about is a Lacuna and no court will contemplate it no matter how much you romanticise it.

INEC should have called for a rerun immediately after the election when they observed that tinubu didn't meet the 25% of FCT
Its stated explicitly in the electoral laws that when a candidate doesn't attain the requirement though has the spread and the majority of votes,INEC will do a rerun in 21 days!
The candidate with the highest number of votes plus the spread and the first runner up with a spread will go on a contest and the candidate with the highest votes wins!
Bottom line,INEC failed to abide by their own laws!

Ofunaofu:



At the bolded, then something is fundamentally wrong with that winning

I am not implying that it is impossible but in an ideal situation if a candidate can win all the 36 states of the federation, getting at least 25% in Abuja FCT shouldn't be a problem

It is an interpretation, half full, or half empty, The Supreme Court will use 25% of 37 to declare Bola Tinubu the winner.

Let us see who Atiku & Obi will go & report to thereafter?

bentenny:

INEC should have called for a rerun immediately after the election when they observed that tinubu didn't meet the 25% of FCT
Its stated explicitly in the electoral laws that when a candidate doesn't attain the requirement though has the spread and the majority of votes,INEC will do a rerun in 21 days!
The candidate with the highest number of votes plus the spread and the first runner up with a spread will go on a contest and the candidate with the highest votes wins!
Bottom line,INEC failed to abide by their own laws!

So you people believe you know more than INEC, just like saying you know more than your lecturer?

INEC has declared Bola Tinubu President of The Federal Republic of Nigeria, & no one will change it.

Ofunaofu:



At the bolded, then something is fundamentally wrong with that winning

I am not implying that it is impossible but in an ideal situation if a candidate can win all the 36 states of the federation, getting at least 25% in Abuja FCT shouldn't be a problem

Its like having an A in physics,chemistry and other science inclined subjects but failing mathematics!

favor914:
So you people believe you know more than INEC, just like saying you know more than your lecturer?

INEC has declared Bola Tinubu President of The Federal Republic of Nigeria, & no one will change it.

I am simply using the laws to interpret what should happen!
Every president from 1999 till date have either won FCT or attained 25% of FCT except Tinubu!
If we are to go according to the constitution, INEC should have abided by their constitution by doing a rerun instead of declaring a candidate that didn't meet one of the requirement!

dat9jaguy:




From your own statement you have contradicted yourself.

[/b]The reason those who wrote the constitution had to still write FCT, Abuja is because they knew it was not a state and so did not count Abuja as a state but a capital, if not they would have stopped the statement at "have not less than 25% of total votes cast in at least two-third of all the States in the Federation".

But they had to stress FCT,Abuja in it to make sure that whoever will interpret the law will know that Abuja was not considered a state when they were referring to "states".[b]


Since FCT is not a state it has to be emphasized along with the other states as part of the federation. So 25% of the states and FCT.
If your argument is correct that means I can win FCT and my opponent wins the remaining 36 states then you will call for rerun

It is impossible , practically impossible to win 36 States and lose fct. How can that happen?

Yes that while there are room for constitution amendment

KingsCity:
Let’s say a candidate won 36 states 100% but failed to get 25% in FCT.

Are you telling me this candidate should not be declared president?

So Abuja is now more important than every other state?

Does this make any sense?

Racoon:
The supreme court have long decided on this issue in 2007 on the the legality of the the FCT as a sole independent entity and need to mandatory attain 25% votes in order to be declared president but emilokan in desperation asked INEC to bypass it.

Quote the case

KingsCity:
Let’s say a candidate won 36 states 100% but failed to get 25% in FCT.

Are you telling me this candidate should not be declared president?

So Abuja is now more important than every other state?

Does this make any sense?

The constitution is not a puzzle …

Hillary Clinton won popular vote , but trump was declared winner because of electoral college .. Does that make any sense to you?

Paramount01:
Quote the case

"......The former AGF recalled that the Supreme Court had in 2008 in a suit involving the current President, Muhammadu Buhari, and the then President, Alhaji Umaru Musa Yar’Adua, resolved the issue of the 25 per cent in 2/3 of the states of the federation and the FCT.......
https://www.google.com/amp/s/www.thisdaylive.com/index.php/2023/03/05/former-agf-aondoakaa-insists-tinubu-must-score-25-in-fct-to-be-declared-winner/amp/

dat9jaguy:




From your own statement you have contradicted yourself.

[/b]The reason those who wrote the constitution had to still write FCT, Abuja is because they knew it was not a state and so did not count Abuja as a state but a capital, if not they would have stopped the statement at "have not less than 25% of total votes cast in at least two-third of all the States in the Federation".

But they had to stress FCT,Abuja in it to make sure that whoever will interpret the law will know that Abuja was not considered a state when they were referring to "states".[b]


Since FCT is not a state it has to be emphasized along with the other states as part of the federation. So 25% of the states and FCT.
If your argument is correct that means I can win FCT and my opponent wins the remaining 36 states then you will call for rerun

winning 36 states doesn't mean your opponent didn't get 25% in those states and they also won fct too

Brendaniel:
I have tried as much as possible to avoid debating on this issue, but sometimes one needs to look at some issues from the simplest forms to solve some problems, so firstly we will need to define the meaning of a state.

According to Oxford dictionary a state is a nation or territory considered as an organized political community under one government.

Now let's talk about Nigeria, Nigeria has 36 states and the FCT, Note that when they teach you in school or write the states and capitals in Nigeria, FCT is the only one without a capital, they just write FCT, the reason is because it is not a state but a capital, it is the capital of Nigeria.

Let's go back to the definition of a state, Nigeria itself is a state and its capital is Abuja(FCT), it is like Lagos and Ikeja, Lagos is a state and Ikeja is its capital.

Now let's go back to the constitution that requires INEC to declare a candidate winner of the presidential election and it states:

The Constitution in stipulating the requirements for election as Nigerian president states in 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.

So here you have it, 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.


The reason those who wrote the constitution had to still write FCT, Abuja is because they knew it was not a state and so did not count Abuja as a state but a capital, if not they would have stopped the statement at "have not less than 25% of total votes cast in at least two-third of all the States in the Federation".

But they had to stress FCT,Abuja in it to make sure that whoever will interpret the law will know that Abuja was not considered a state when they were referring to "states".


So in essence Abuja is not a state and has never been considered a state constitutionally, it is the capital of Nigeria, it is like what Ikeja is to Lagos, that is why there is no document that uses the statement like Abuja state or state or Abuja like you have Osun state or state of Osun, all you see is Federal capital Territory(Abuja).

So INEC did not follow the constitution

Inec would claim that they are not court to do the interpretation of the law, in other words, they went ahead and announce the winner.

Brendaniel:
I have tried as much as possible to avoid debating on this issue, but sometimes one needs to look at some issues from the simplest forms to solve some problems, so firstly we will need to define the meaning of a state.

According to Oxford dictionary a state is a nation or territory considered as an organized political community under one government.

Now let's talk about Nigeria, Nigeria has 36 states and the FCT, Note that when they teach you in school or write the states and capitals in Nigeria, FCT is the only one without a capital, they just write FCT, the reason is because it is not a state but a capital, it is the capital of Nigeria.

Let's go back to the definition of a state, Nigeria itself is a state and its capital is Abuja(FCT), it is like Lagos and Ikeja, Lagos is a state and Ikeja is its capital.

Now let's go back to the constitution that requires INEC to declare a candidate winner of the presidential election and it states:

The Constitution in stipulating the requirements for election as Nigerian president states in 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.

So here you have it, 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.


The reason those who wrote the constitution had to still write FCT, Abuja is because they knew it was not a state and so did not count Abuja as a state but a capital, if not they would have stopped the statement at "have not less than 25% of total votes cast in at least two-third of all the States in the Federation".

But they had to stress FCT,Abuja in it to make sure that whoever will interpret the law will know that Abuja was not considered a state when they were referring to "states".


So in essence Abuja is not a state and has never been considered a state constitutionally, it is the capital of Nigeria, it is like what Ikeja is to Lagos, that is why there is no document that uses the statement like Abuja state or state or Abuja like you have Osun state or state of Osun, all you see is Federal capital Territory(Abuja).

So INEC did not follow the constitution

Ni rest for you guys

Confirmed confused children of frustration.

Your opinion

Yes FCT is a state

adanny01:


Who said FCT is a state?

adanny01:


In other words. once a candidate wins Abuja, it's all over. The one one who wins Abuja is the president.

Why not we just let only Abuja people just elect the president? There's no point doing elections in the 36 states since Abuja is priority.

This issue is just comprehension and all you wrote is just a proof of your lack of it.

The mention of FCT is because of the 2/3 of states, FCT inclusive.

The word "and" is a conjunction


The second meaning of "and" is when used as an interjection, this is usually used for feelings and emotions which is not applicable to this clause.

I know what you wrote is an opinion, but your opinion is driven by bias.

What the word "and" means in law may be different from this. I fear court, I fear law.

Inclusiveness of "and" here mandates all winners to ensure 25% in Abuja and other 24 states.

Brendaniel:
I have tried as much as possible to avoid debating on this issue, but sometimes one needs to look at some issues from the simplest forms to solve some problems, so firstly we will need to define the meaning of a state.

According to Oxford dictionary a state is a nation or territory considered as an organized political community under one government.

Now let's talk about Nigeria, Nigeria has 36 states and the FCT, Note that when they teach you in school or write the states and capitals in Nigeria, FCT is the only one without a capital, they just write FCT, the reason is because it is not a state but a capital, it is the capital of Nigeria.

Let's go back to the definition of a state, Nigeria itself is a state and its capital is Abuja(FCT), it is like Lagos and Ikeja, Lagos is a state and Ikeja is its capital.

Now let's go back to the constitution that requires INEC to declare a candidate winner of the presidential election and it states:

The Constitution in stipulating the requirements for election as Nigerian president states in 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.

So here you have it, 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.


The reason those who wrote the constitution had to still write FCT, Abuja is because they knew it was not a state and so did not count Abuja as a state but a capital, if not they would have stopped the statement at "have not less than 25% of total votes cast in at least two-third of all the States in the Federation".

But they had to stress FCT,Abuja in it to make sure that whoever will interpret the law will know that Abuja was not considered a state when they were referring to "states".


So in essence Abuja is not a state and has never been considered a state constitutionally, it is the capital of Nigeria, it is like what Ikeja is to Lagos, that is why there is no document that uses the statement like Abuja state or state or Abuja like you have Osun state or state of Osun, all you see is Federal capital Territory(Abuja).

So INEC did not follow the constitution

God bless you richly my brother.
You have analysied this matter truthfully.
The beautiful thing here is, you don't even have to be a lawyer before you can understand and interpret that part of our electoral law of the constitution of Nigeria.

The FCT is not a state period!

Most times these mischievous people will cite a section of the constitution that regards it as a state but forgets that the context is different and context of a matter(case perculiarities) at hand is important in law.

Also, they cite a certain judgement delivered by the supreme court of Nigeria, forgetting that, that was based on legal technicalities in another similar electoral matter but the context is not totally same as the one at hand.

APC are simply only banking on the technicalities of law, arm twisting of the judiciary, bribery & manipulations and other mischievous antics to try to subvert the law of Nigeria but they have failed even before they began.

The FCT is not a state reasons been that:
*It does not have a governor but a minister.
*It does not have its own state house of assembly rather has only 1 senator to represent in the national assembly...(it only has 6LGAs)
*It does not have commissioners but directors.
*It is refered as federal capital territory...in reference and same as the Australian capital territory (ACT), which makes it a special territory of the federal government and it's base of power.
*It is also referred to in the nomenclature of Nigerian states when pronouced as "36 states and CAPITAL" and not 37 states of Nigeria.
*The president of the country exclusively controls it through the minister of FCT who is his appointee unlike other states where the president does not have such powers.
*It has a special status as can be seen in the privileges given to it in constitution.
*It is ran by the minister through the FCDA (Federal capital development authority) a pesudo department/agency that controls&governs everything concerning the FCT.

Finally the word "AND" in that critical.....(25% of total votes cast in 2/3 majority of the states and the FCT)...is a conditional statement.

E.g...when universities say get atleast 6 credits scores in all subjects including English and maths, what does it mean...?
It means you must have 6 credits scores
with English and maths inclusive....without which, even if you have 6 credits in other subjects and not in Maths and English or 6 credits scores in other subjects and get only one of Maths or English, then you go nowhere until you get that two(English &Maths).
However, if you get more than 6 credits or say 8 credits scores and English &maths are inclusive in them, then you get admitted....simple.


So with these facts stated above, it is therefore a must to have 25% of the total votes cast in FCT as stated by the electoral laws of Nigeria before you can be declared as the President.

As it is now, all eyes are on the Judiciary and this is the reason why the judiciary (Supreme court especially) must always try to interpret the constitution well and give clear and just judgements at all times in other to avoid conundrums like this, constitutional disasters&national analchy.

Leave Urchins, let them and their masters keep decieving themselves...they are simply irredeemable.

So therefore......Fire on Peter Obi&LPNg, you shall and must prevail victoriously in court.

Brendaniel:


I don't need to have a degree or qualification to understand or interpret the constitution of Nigeria....

2/3 of 36 boys and girl is what?
The problem with idiotic pigs is the "AND" in the statement

favor914:
Any way anyone chooses to look @ the situation is your prerogative, but one thing is for sure the Supreme Court will have their own interpretation (Government Magic) & rule in favor of Bola Tinubu & the ruling party APC.

So you want the supreme court to cheat Nigerians because of Tinubu's ambition and yet you hope that the same judiciary will grant you and your family justice against someone who is stronger and more wealthy than you in case the need arises as the last hope of the common man.

But yet people like you will be praying for Nigeria to experience growth like America or UAE or Saudi Arabia, but will support injustice against the people because you want your leader to use it to gain power, is that how those countries achieved growth and development?

The reason why Nigeria is where it is today is because most leaders have been cheating the people, countries don't grow like that....

IVORY2009:


Inec would claim that they are not court to do the interpretation of the law, in other words, they went ahead and announce the winner.

The same law says that ignorance is not an excuse under it, that is why people still go to jail for what they do not know the law and punishment for the crime they committed....

buharitill2023:
2/3 of 36 boys and girl is what?
The problem with idiotic pigs is the "AND" in the statement

Thank God you used girl instead of girls, that means you had to include the only one girl because you know she is different from the boys, then again if you would be fair to her for being the only girl you will want her to benefit some rights that 2/3 of those boys will get.

Because there is possibility that she will always miss out when they are sharing anything if you lump her as 2/3 with the rest of the boys since she is only one different.

So what would you do, give her her own 2/3 as a constant with the remaining 2/3 of the 36 boys, that way you will always make sure she is not left out in the equation...

That is the special privilege Abuja gets for been FCT, this same thing I just explained is what made the indigenes of Abuja go to court to challenge the FG for appointment of ministers in 2018.

Most presidents in the past refused appointing a minister from FCT on the grounds that it is not a state, because of that the FCT indigenes were always missing because the constitution was that the president should appoint from states of the federation, the case dragged on to supreme court and the supreme Court gave a verdict that Abuja should be given a special privilege for ministerial appointment, so they don't always miss out.

I think that was the same constitutional problem the writers saw and gave Abuja the same special privilege because they know most likely they will miss out always by the virtue of not been called a state, every presidential participant and party will ignore them, some candidates will not even go there to campaign, they will just term it a needless location that has no political value to win election.

And you know what it means politically not to have value, it will also mean neglect when political holders get into office, because he would say whether he does to them good or bad he doesn't need their votes to win....

bentenny:

Its like having an A in physics,chemistry and other science inclined subjects but failing mathematics!

Then something is wrong somewhere

Though not impossible

KingsCity:
Let’s say a candidate won 36 states 100% but failed to get 25% in FCT.

Are you telling me this candidate should not be declared president?

So Abuja is now more important than every other state?

Does this make any sense?

If you win other states 100% and failed to get 25% in Abuja then your results should be investigated.

It's like having 8As in WAEC and failing English.

Brendaniel:
I have tried as much as possible to avoid debating on this issue, but sometimes one needs to look at some issues from the simplest forms to solve some problems, so firstly we will need to define the meaning of a state.

According to Oxford dictionary a state is a nation or territory considered as an organized political community under one government.

Now let's talk about Nigeria, Nigeria has 36 states and the FCT, Note that when they teach you in school or write the states and capitals in Nigeria, FCT is the only one without a capital, they just write FCT, the reason is because it is not a state but a capital, it is the capital of Nigeria.

Let's go back to the definition of a state, Nigeria itself is a state and its capital is Abuja(FCT), it is like Lagos and Ikeja, Lagos is a state and Ikeja is its capital.

Now let's go back to the constitution that requires INEC to declare a candidate winner of the presidential election and it states:

The Constitution in stipulating the requirements for election as Nigerian president states in 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.

So here you have it, 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.


The reason those who wrote the constitution had to still write FCT, Abuja is because they knew it was not a state and so did not count Abuja as a state but a capital, if not they would have stopped the statement at "have not less than 25% of total votes cast in at least two-third of all the States in the Federation".

But they had to stress FCT,Abuja in it to make sure that whoever will interpret the law will know that Abuja was not considered a state when they were referring to "states".


So in essence Abuja is not a state and has never been considered a state constitutionally, it is the capital of Nigeria, it is like what Ikeja is to Lagos, that is why there is no document that uses the statement like Abuja state or state or Abuja like you have Osun state or state of Osun, all you see is Federal capital Territory(Abuja).

So INEC did not follow the constitution

But what about the part in the constitution that says Abuja should be considered as if it is one of the states?