VANGUARD NEWS

March 26, 2023

Election: Ajulo counsels lawyers against politicising 25% requirement in FCT

A renowned Constitution Lawyer, Dr Olukayode Ajulo, has counselled lawyers in the country to be wary of politicising the issue of obtaining 25 per cent in FCT as a requirement to win the Presidential election.

Ajulo told the Newsmen on Sunday in Abuja against the backdrop of some lawyers insisting that securing 25 per cent of votes in FCT was necessary to secure victory for any presidential candidate.

NAN reports that only Mr Peter Obi, the candidate of Labour Party secured 25 per cent in FCT in the Feb. 25 General Elections, while the President-elect, Sen. Bola Tinubu, the APC candidate, scored 20 per cent

This has generated a lot of comments and reactions from legal practitioners, while some are giving credence to the 25 per cent, others said the FCT should be treated as a state.


Ajulo, however, said politics had been mixed with law in order to please certain quarters of the political class, adding that it was a dangerous mix.

Ajulo said “there is politics, and there is law and while they can sometimes intersect, they should not be muddled up when discussing pertinent legal issues.”

He said such legal issues had the potential of affecting the nationhood of the country and the collective development of her citizens.

He said, it was disturbing when some of his professional colleagues analysed issues of 25 per cent requirement, saying some of the comments were uncomfortable and a gross misinterpretation.

“Some lawyers give certain legal opinions they do not even believe in because of politics, it is the common man on the streets that suffers this dangerous game of deliberate misinterpretation of our laws.”

Ajulo said the deliberate misinterpretation of some lawyers was a mockery of the nation’s constitution and the legal profession, adding that such had a way of turning to hunt its makers.


He said that it was imperative to set the record straight amidst the brouhaha surrounding the interpretation of section 134(2) of the Constitution and the multifarious explanations by public commentators and senior lawyers.

He further said that there was need to state the true position of the law, devoid of emotion and political sentiments.

“There are two opposing sides in the arguments, those who argue that for a candidate to be declared winner, he must get 25 per cent of the votes cast in FCT asides meeting other constitutional criteria.

“Also, there are those who contend that a candidate needs not poll 25 per cent of the votes cast in FCT to be declared winner, so far as he meets other constitutional requirements.”

He said, “candidate for an election to the office of the President shall be deemed to have been duly elected where, there being more than two candidates for the election.

“First, he has the highest number of votes cast at the election; and secondly he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the states in the Federation and the FCT.

According to him, even though the FCT is not a state, the Constitution has clothed it with the toga of a State and all the powers of a Governor in a State is vested in the Minister of the FCT.

He said, while the Houses of Assembly of the 36 States of the Federation legislate for each State respectively, the National Assembly makes laws for the FCT.

He further said that while the States had their respective Local Government Areas, the FCT also has Area Councils.

The constitutional lawyer said, ” a reasonable, just and sensible interpretation of section 134(2) would then be that scoring 25 per cent of the votes cast in the FCT is like scoring 25 per cent in any other State of the federation.”

Source:

https://www.vanguardngr.com/2023/03/election-ajulo-counsels-lawyers-against-politicising-25-requirement-in-fct/

FCT is central and a strong requirement please.

Even Okwonkwo of Nollywood has turn lawyer because of this election interpreting laws that he knows nothing about!.

The explanation is not convincing enough until interpreted and sealed by supreme court

Tinubu is coming!

skj1377:
Tinubu is coming!

Coming to see your family and see Iragbiji people?

Not politicising the issue yet he also informed his own opinion.Why doesn't he say all contending lawyers should wait for the SC interpretation on that issue.
Even if SC sides with Tinubu,as it usually does for any sitting president,no matter the merit of any electoral case against the incumbent,by twisting and interpreting the FCT 25% issue in his favour,commonsense should tell anyone that the framers of the 25% FCT requirement meant for it that the FCT be treated as a separate,distinct entity,representing the unity and diversity of Nigeria where all Nigerians of all tribes,religious and cultural affiliations reside,unlike states.
So what the framers had in mind is that a president so declared must be able to appeal to a percentage of that diversity that the FCT represents,that is why they left it at that low percentage minimum of just 25%.
You just have to use commonsense to know what those that drafted the constitution wanted.Interpreting it otherwise is just being mischievous or politically correct for the president declared.

Oskiki:
FCT is central and a strong requirement please.

A defeated obidient sighted. You can try better in 2027

You can go to Court.

Ashiwaju Jagaban

Oskiki:
FCT is central and a strong requirement please.

Did you attend a university or a technical college?
Jankara market lawyer? Not sure you attended either. Na apprenticeship trade you na do with your Oga wey Dey sell carburetors.

How on earth is FCT a special requirement? I’m not a lawyer but that clause is very clear.

FCT isn’t a state. They had to find a way to include it to the 36 states since they couldn’t say 37 states. And not mentioning FCT would have secluded it from the states. If anyone has scored number of 25% in 23 states and FCT makes such a contestant to have his or her 24th, he would be ousted because FCT wasn’t included in the constitution. That’s the implication of it if FCT hasn’t been mentioned separately. It is funny how OBI and his lawyers had to include it to their prayers.
I bet this is a pointer to the fact that those lawyers just wanted to cash out.

If I was an Obi, I wouldn’t let that clause to be filed because that will even rubbish him in the court.

Once again, this election Oti loo! Tinubu will be sworn in and have his portraits hung in fidelity banks across Nigeria.

“First, he has the highest number of votes cast at the election; and secondly he has not less than one-quarter of the votes cast at the election in each of at l[i]east two-thirds of all the states in the Federation[/i] and the FCT.
That's where the issue lies. Why did the constitution first say 'of all the states in the federation before including Abuja? It could have just say: of all the states and just stopped. It's really confusing. And I heard the Supreme court once ruled on the matter

Mr ajulo pls tell us when the federal govt share alocation with the state governor do they share with the FCT minister? If no you are wrong a minister is not a governor, having 25percent is a must for FCT no president have emerge a winner in Nigeria without having 25percent in the FCT

Oskiki:
FCT is central and a strong requirement please.

The charge and bail lawyer is drunk on alomo bitters.......something that was settled by a Supreme Court ruling!

The president is like the governor of the FCT and scoring 25% there would mean the locals of FCT wants him to lead them. So the 25% in the FCT might just be important.

The constitutional lawyer said, ” a reasonable, just and sensible interpretation of section 134(2) would then be that scoring 25 per cent of the votes cast in the FCT is like scoring 25 per cent in any other State of the federation.”
We don tell them oo..

seborrhic:
Not politicising the issue yet he also informed his own opinion.Why doesn't he say all contending lawyers should wait for the SC interpretation on that issue.
Even if SC sides with Tinubu,as it usually does for any sitting president,no matter the merit of any electoral case against the incumbent,by twisting and interpreting the FCT 25% issue in his favour,commonsense should tell anyone that the framers of the 25% FCT requirement meant for it that the FCT be treated as a separate,distinct entity,representing the unity and diversity of Nigeria where all Nigerians of all tribes,religious and cultural affiliations reside,unlike states.
So what the framers had in mind is that a president so declared must be able to appeal to a percentage of that diversity that the FCT represents,that is why they left it at that low percentage minimum of just 25%.
You just have to use commonsense to know what those that drafted the constitution wanted.Interpreting it otherwise is just being mischievous or politically correct for the president declared.

The guy is an apc member he is bias its just like expecting keyamo to say anything from what ajulo has said ,these are belle lawyers

[quote author=Auxtan post=122073091]The president is like the governor of the FCT and scoring 25% there would mean the locals of FCT wants him to lead them. So the 25% in the FCT might just be important.[/quote

Very wrong
So if the whole country vote for a president...and for some reason there was gang up,so he won't be declare as a president
So u are telling me that the people in Abuja are superior

Just imagine a situation where may be Abuja were dominated by one tribe that nigeria look like zoo to them and out of cheer hatred refuse to vote or vote for opposition

If any if the people that drafted the constitution is still alive just call them to interprete what they drafted down opari!!!

I don see those three fools..

Police go soon charge dem for overloading

smokinloud:
Even Okwonkwo of Nollywood has turn lawyer because of this election interpreting laws that he knows nothing about!.

Oskiki:
FCT is central and a strong requirement please.

the problem with OBitter people, they are looking for anything to stay relevant,
Supreme court don't even have any reason to entertain this useless case,

greatiyk4u:
The explanation is not convincing enough until interpreted and sealed by supreme court

Read section 299 of the Nigeria constitution. It is self explanatory . Read with open mind.