colonelwealth:



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 this 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 buy 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 as "36 states and CAPITAL".
*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 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.

Toks2008:

Please address my question on page 2 about abuja being considered as a state.

Toks2008:


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

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

colonelwealth:



Pls what's your question sir?

Ok, I have seen it now.
My answer is NO.
Abuja is not considered a state in the electoral laws of Nigeria but as a special federal capital territory.

However in other matters of inclusivity...e.g....finacial allocations and other general national benefits, it is considered as one.

Pls kindly go through in details my writeup early.
Thanks.

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

jumobi1:
You need to address Section 299 as well to reach a conclusion.
I also wonder if the interpretation would differ without THE?? “To be declared winner of a presidential election, you must win 25% of total votes in 2/3 of states🤔 and the FCT”

Brendaniel:


I didn't write the constitution, it is what the law says...

Brendaniel:


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....

Brendaniel:


A part of the constitution by virtue of the supreme Court has said that the FCT should be treated as a state and is only for special cases when it has to do with equity and fairness, for example, state of origin: Abuja is not state but how do you place indigenes of Abuja when it comes to state of Origin, in such cases the supreme states that Abuja should be treated as a state in such situation to accommodate the indigenes.

Please read the answer I gave to someone based on his question....



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 the 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....

Toks2008:


My fear is that the court might be complicit and interprete it to favour Tinubu having scored over 25% in 30 states.

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.

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!

Toks2008:


My fear is that the court might be complicit and interprete it to favour Tinubu having scored over 25% in 30 states.

dat9jaguy:




Your analysis is very weak but we can argue from now till eternity and there will be no head way because we are not lawyers. Let us wait for the Supreme Court to decide.

Bede2u:
winning 36 states doesn't mean your opponent didn't get 25% in those states and they also won fct too

Brendaniel:


You call cases I mentioned that went to supreme court as weak?

No they are not, Abuja is a special territory and must be given special privileges for equity if not they will miss out a lot....

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.

dat9jaguy:




Hypothetically, let us assume the candidate that won FCT lost other states without getting 25% in them but the opponent won the remaining 36 states without getting 25% in FCT, then you will call for rerun It just doesn't make sense.
This example is hypothetical and just for this argument.

buharitill2023:
you're speaking abadabidi,
You have agreed that fct is lump with the rest state as 37 states,
The only girl can be among the 25 or may not,
Nothing special about fct,
The only girl is included because is among the family.
Fct is part of the federation

dat9jaguy:


Rest nah, let the court decide since you being stubborn in your ignorance.

Brendaniel:


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

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

dat9jaguy:




The point is that you are not interpreting it well.

Brendaniel:


You should have explained how... I gave a detailed explanation, the least you can do is to give your own too...

Aquila99:


Den ur write up dia is shitty. Pull ut down or better get a learned fellow. Not charge and bail lawyers

bentenny:

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!

dat9jaguy:




I did whilst responding to your original post.

Brendaniel:


If you need a lawyer to always interpret the law for you, then you might have lots of problems with the law....

frowland:


That also means for there to be endless rerun, all we need to do it to make sure the leading candidate never makes 25% in the FCT.
Secondly, Abuja was not shared in equal part to all ethnic groups and religion. So why should I have 25% there? Are the people living in Abuja Aliens with two heads? Doesn't make sense.

Aquila99:


Even SANs need judges to interpret some laws, dat is why d approach d court.