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The Supreme Court Has Resolved The Nigeria President & 25% Fct, Abuja Quandary S - Politics (3) - Nairaland

Nairaland Forum / Nairaland / General / Politics / The Supreme Court Has Resolved The Nigeria President & 25% Fct, Abuja Quandary S (7657 Views)

TRIBUNAL: A Lower Court Undermined The Supreme Court's Ruling On 25% FCT / Tinubu To PEPT: Nullifying The Election Over 25% FCT Could Cause Anarchy, Chaos / Which Way My People? The Obi Of Onitsha's Quandary (2) (3) (4)

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Re: The Supreme Court Has Resolved The Nigeria President & 25% Fct, Abuja Quandary S by Essential(m): 8:58pm On Mar 26, 2023
An unwrinkled face is not good for a resounding slap. So it is somewhat indelicate for a lawyer who ought to be grounded in the ethics of the law profession to publicly criticize the opinions of other senior lawyers, who are revered to be authorities in their fields.

beautiful
Re: The Supreme Court Has Resolved The Nigeria President & 25% Fct, Abuja Quandary S by Nobody: 9:01pm On Mar 26, 2023
LocalStandard1:


Thank you! Now let's look at it from your logic(even though it has holes everywhere).

The same SC declared 25% in the FCT is mandatory. Secondly, the FCT does not have a governor which makes it even more imperative for a candidate to get atleast the 25% cause it the winner who gets to decide the FCT minister.

How can someone not voted by a territory and therefore so unpopular as to not even get a meager 25% decide for the whole seat of power? That is why the Law was made the way it was. Until unprecedented and unimaginable rigging as we're seeing sets in.
lol you are writing like a secondary school kid. Let me give you expo. The court of Appeal will rule that what you are saying is absolute nonsense. I'm 100% sure. The case will be thrown out and you come here to cry that the judiciary has been bought instead of using your brain.
Re: The Supreme Court Has Resolved The Nigeria President & 25% Fct, Abuja Quandary S by hardbody: 9:04pm On Mar 26, 2023
Sunmolar:
An unwrinkled face is not good for a resounding slap. So it is somewhat indelicate for a lawyer who ought to be grounded in the ethics of the law profession to publicly criticize the opinions of other senior lawyers, who are revered to be authorities in their fields.

Afe Babalola, Gboyega Awomolo, Wole Olanipekun, J. B. Daudu, Lateef Fagbemi, Kanu Agabi, Oluwarotimi Akeredolu, J. K. Gadzama, E. C. Ukala, Yunus Ustaz Usman, Adeniyi Akintola, Emeka Ngige, Chris Uche, Dr. Onyechi Ikpeazu, Mike Ozekhome, Dele Adesina, J. S. Okutepa, Mahmud Magaji, Dayo Akinlaja, Ahmed Raji, Femi Falana, A. Mustapha, Ebun-Adegboruwa, and many hosts legends of the inner bar are jurists who have become oracles of constitutional law and whose opinions carry weight and speak volumes. For some of these oracles of law, their names have refused to leave the pages of our law reports.

And when they lend their respected voices to public issues, their words are taken as gospel by laymen who lack the qualification and the intellectual rigour to interrogate their opinions. So, to laymen, the opinions of these senior lawyers are Yeah and Amen!

However, this electioneering season has been an eye opening one for some of us. It has been a season of unraveling and miracles as to how some legal professionals have, either by deliberate action or absence of proper research, interpret one of the simplest provisions in our Constitution as regards election to the office of the President and requirements of the candidate for that highest public office in the land.

We have seen those that should know and those who have held exalted and enviable positions hold curious opinions on Constitutional issues that embarrass our industry and harass ones intellect.

For some of them, politics have been mixed with law in order to please certain quarters of the political class. But this is a dangerous mix. There is politics, and there is law. While they can sometimes intersect, they should not be muddled up when discussing pertinent legal issues that affect the nationhood of the country and the collective development of her citizens.

A number of emergency analysts of the law we have never heard of, or are known for being passive about crucial National issues suddenly appeared to become public figure in interpreting the laws in our Constitution as if they are a collection of formal and informal texts in an English textbook compiled for letter writing.

It is quiet even disturbing when some of my professional colleagues across border were analysing those colloquial interpretations here on one occasion of our group interactions. I must confess that I felt uncomfortable with many of their comments.

As I write this, I find myself grappling with the question: when is politics taken too far? This question has far reaching ramifications, because a honest answer to it will reveal that some senior lawyers give certain legal opinions they do not even believe in just because they have been tainted by politics. It is the common man on the streets that suffers this dangerous game of deliberate obfuscation and misinterpretation of our laws.

Lawyers cannot frown at the attitude of people flouting court orders and still be the ones selling the law of the land for a token on the altar of political standing. Deliberately misinterpretation of the law by a lawyer is a mockery of our Constitution and the legal profession and such character has a way of turning to hunt its maker.

It is therefore incumbent upon some of us who understand that the primary role of lawyers as ministers in the temple of justice is first and foremost the attainment of justice. And justice cannot be attained without truth.

Consequently, amidst the brouhaha surrounding the interpretation of section 134(2) of the Constitution of the Federal Republic of Nigeria and the multifarious explanations given by public commentators and senior lawyers alike, it is important to set the record straight and state the true position of the law, devoid of emotion and political chicanery.

The provisions of Section 134(2) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), particularly sub-paragraph (b) thereof have generated so much fuss and controversy in the past few days, especially after the conclusion and announcement of the winner of the recently concluded presidential elections.

Basically, there are two opposing sides in the arguments the above section has spawned: those who argue that for a candidate to be declared winner, he must get 25% of the votes cast in FCT (asides meeting other Constitutional criteria) and those who contend that a candidate need not poll 25% of the votes cast in FCT to be declared winner, so far as he meets other Constitutional requirements.


For the sake of clarity, Section 134(2) provides that:

(2) A 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 –

(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 in each of at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja.

Even though the Federal Capital Territory, Abuja (FCT) is not a State properly so called, the Constitution has clothed it with the toga of a State. In other words, the FCT is treated like a State, and all the powers of a Governor in a State is vested in the Minister of the FCT. 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. Furthermore, while the States have their respective Local Government Areas, the FCT has Area Councils.

Pursuant to the above, Section 299 of the Constitution expressly provides that the provisions of the Constitution shall apply to the Federal Capital Territory, Abuja as if it were one of the States of the Federation. Section 299 of the Constitution has received the judicial imprimatur of the full panel of the Supreme Court in FAWEHINMI & ORS v. BABANGIDA & ORS (2003) LPELR-1255 (SC).

Hence, each time the draftsman intends to refer to the 36 States and FCT in the Constitution, it says “all the States in the Federation and the Federal Capital Territory, Abuja (FCT)”, bearing in mind that the FCT has also been clothed with the toga of a State.

Having made the above clarification, the “and” as used by the draftsman between “all the States of the Federation” and “the Federal Capital Territory, Abuja” in sub-paragraph (b) of Section 134(2) of the Constitution cannot be interpreted to mean that what applies to other States is inapplicable to FCT. Rather, it means that the FCT is on the same pedestal as the States of the Federation, even though it’s not a State properly so called.

So, the intention of the draftsman as regards Section 134(2)(b) of the Constitution is that, the candidate, in addition to having the highest number of votes cast at the election, must also poll not less than one quarter (25%) of the votes cast at the election in each of at least two-thirds of all the States in the Federation (36 States) and the FCT (a State kind of), thereby making it 25% of votes cast in at least 2/3 of 37 States. 2/3 of 37 is 24.6.

Drawing from the reasoning of the erudite jurist, Otutu Andrews Obaseki, JSC (of blessed memory), in the landmark decision of the full panel of the Supreme Court in AWOLOWO v. SHAGARI & ORS (1979) LPELR-653(SC), there’s nothing like 24.6 States, for a State is a geographical setting incapable of being divided.

Borrowing a leaf from the revered jurist, the construction that two-thirds of 37 States in the Federation (FCT inclusive) is 24.6 States may be correct in the abstract but in relation to the Constitution, it is impracticable. Where there are two possible meanings conveyed by the words of a statute or the Constitution, it is the most reasonable one that should be adopted. Where the other meaning leads to absurdity or evinces internal contradiction, that meaning should be dropped for the first as the legislature never intends to be absurd or contradictory.

The word 'each' in the sub-section (2)(b) of Section 134 qualifies a whole State and not a fraction of a State and to interpret it otherwise is to overlook the disharmony between the word "each" and the fraction "two thirds". Two-thirds of thirty-seven (37), to avoid any disharmony, gives 25.

As a way of covering the base, the second school of thought contend that for a candidate to be declared winner, he must score 25% in the FCT (asides meeting other Constitutional requirements). If one agrees with this view, then it logically follows that if a candidate wins the entire 36 states of the Federation and polls the majority number of votes cast, if he fails to get 25% in FCT, then he cannot be declared winner. This cannot be the intendment of the draftsman, as the FCT cannot hold the entire nation to ransom.

So, once a candidate severally polls at least 25% of votes cast in at least 25 states, whether inclusive of FCT or not, he’s won the election so long he also has the majority of the votes cast all over the Federation.

The issue under reference has been before the Supreme Court, in 2003 in the case of Buhari Vs Obasanjo (2003) All NLR 168, the apex court in the land prophesied and held that if there’s any issue on the provision of Section 134(2), they’ll toe the part that accords with common sense. They further undertook that the court is bound to adopt a construction which is just, reasonable and sensible.

For the sake of emphasis, the operative words are "just, reasonable and sensible."

This then begets the question: is it just, reasonable and sensible to argue that a candidate who, for instance, won 36 States of the Federation and also polled the highest number of votes cast at an election but failed to score 25% of the votes cast in FCT, Abuja cannot be deemed the winner of the election? I think not. That would not be just, reasonable and sensible.

In Bakari v. Ogundipe (2021) 5 NWLR (Pt.1768) 1, the supreme Court held that by virtue of section 299(a) (b) of the Constitution, the provisions of the Constitution shall apply to the FCT, Abuja as if it were one of the States of the Federation.

If that is the case, why then would the FCT, Abuja be placed on so high a pedestal, like some lawyers have done, that it now supersedes other States of the Federation?

Buttressing further, If the provisions of the Constitution are to apply to FCT, Abuja as if it were one of the States of the Federation, then surely it cannot be ranked above other States of the Federation.

To steelman our arguments above, in Baba-Panya v. President, FRN (2018) 15 NWLR (Pt. 1643) 423, the Court held that the FCT, Abuja is to be treated like a State and it is not superior or inferior to any state in the Federation.

As a corollary, it would then be unjust, unreasonable and insensible to argue that scoring 25% of the votes cast in the FCT, Abuja is a mandatory Constitutional requirement, when no other State or even the entire States of the Federation enjoy this preferential treatment.

A reasonable, just and sensible interpretation of section 134(2) would then be that scoring 25% of the votes cast in the FCT, Abuja is like scoring 25% in any other State of the Federation.

That is just, reasonable and sensible.


Source: Shahara reporters




Bull crap.

I am tempted to doubt the legal qualification of the writer. I simply skimmed the lengthy trash because the grammatical construction of the writer did not lend itself to the eloquence of erudite learned authors. Secondly, I did not see where statutory interpretation was analyzed within the rules known under our laws. Why people keep stressing a matter which is now sub-judice befuddles me. Why don't we either just wait for the courts to take arguments from counsel on both sides or seek to become amicus curae so that we can contribute to the jurisprudence of our legal system without misleading people on Nairaland.
Re: The Supreme Court Has Resolved The Nigeria President & 25% Fct, Abuja Quandary S by Ofunaofu: 9:21pm On Mar 26, 2023
samunaka:


You are arguing like an slowpoke, even if Peter Obi hire 200 SANs there is nothing they can do about special status they want to accord the FCT, by doing that you are in essence telling us that in the next presidential election the candidates should just stay in abuja and be campaigning there, since the other 36 States are less important, which is a very bad precedent, so it is only just, fair and sensible to swear in the president elect Messr Tinubu on may 29

You are arguably insane
Re: The Supreme Court Has Resolved The Nigeria President & 25% Fct, Abuja Quandary S by AyakaDunukofia: 9:25pm On Mar 26, 2023
Sunmolar:
An unwrinkled face is not good for a resounding slap. So it is somewhat indelicate for a lawyer who ought to be grounded in the ethics of the law profession to publicly criticize the opinions of other senior lawyers, who are revered to be authorities in their fields.

Afe Babalola, Gboyega Awomolo, Wole Olanipekun, J. B. Daudu, Lateef Fagbemi, Kanu Agabi, Oluwarotimi Akeredolu, J. K. Gadzama, E. C. Ukala, Yunus Ustaz Usman, Adeniyi Akintola, Emeka Ngige, Chris Uche, Dr. Onyechi Ikpeazu, Mike Ozekhome, Dele Adesina, J. S. Okutepa, Mahmud Magaji, Dayo Akinlaja, Ahmed Raji, Femi Falana, A. Mustapha, Ebun-Adegboruwa, and many hosts legends of the inner bar are jurists who have become oracles of constitutional law and whose opinions carry weight and speak volumes. For some of these oracles of law, their names have refused to leave the pages of our law reports.

And when they lend their respected voices to public issues, their words are taken as gospel by laymen who lack the qualification and the intellectual rigour to interrogate their opinions. So, to laymen, the opinions of these senior lawyers are Yeah and Amen!

However, this electioneering season has been an eye opening one for some of us. It has been a season of unraveling and miracles as to how some legal professionals have, either by deliberate action or absence of proper research, interpret one of the simplest provisions in our Constitution as regards election to the office of the President and requirements of the candidate for that highest public office in the land.

We have seen those that should know and those who have held exalted and enviable positions hold curious opinions on Constitutional issues that embarrass our industry and harass ones intellect.

For some of them, politics have been mixed with law in order to please certain quarters of the political class. But this is a dangerous mix. There is politics, and there is law. While they can sometimes intersect, they should not be muddled up when discussing pertinent legal issues that affect the nationhood of the country and the collective development of her citizens.

A number of emergency analysts of the law we have never heard of, or are known for being passive about crucial National issues suddenly appeared to become public figure in interpreting the laws in our Constitution as if they are a collection of formal and informal texts in an English textbook compiled for letter writing.

It is quiet even disturbing when some of my professional colleagues across border were analysing those colloquial interpretations here on one occasion of our group interactions. I must confess that I felt uncomfortable with many of their comments.

As I write this, I find myself grappling with the question: when is politics taken too far? This question has far reaching ramifications, because a honest answer to it will reveal that some senior lawyers give certain legal opinions they do not even believe in just because they have been tainted by politics. It is the common man on the streets that suffers this dangerous game of deliberate obfuscation and misinterpretation of our laws.

Lawyers cannot frown at the attitude of people flouting court orders and still be the ones selling the law of the land for a token on the altar of political standing. Deliberately misinterpretation of the law by a lawyer is a mockery of our Constitution and the legal profession and such character has a way of turning to hunt its maker.

It is therefore incumbent upon some of us who understand that the primary role of lawyers as ministers in the temple of justice is first and foremost the attainment of justice. And justice cannot be attained without truth.

Consequently, amidst the brouhaha surrounding the interpretation of section 134(2) of the Constitution of the Federal Republic of Nigeria and the multifarious explanations given by public commentators and senior lawyers alike, it is important to set the record straight and state the true position of the law, devoid of emotion and political chicanery.

The provisions of Section 134(2) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), particularly sub-paragraph (b) thereof have generated so much fuss and controversy in the past few days, especially after the conclusion and announcement of the winner of the recently concluded presidential elections.

Basically, there are two opposing sides in the arguments the above section has spawned: those who argue that for a candidate to be declared winner, he must get 25% of the votes cast in FCT (asides meeting other Constitutional criteria) and those who contend that a candidate need not poll 25% of the votes cast in FCT to be declared winner, so far as he meets other Constitutional requirements.


For the sake of clarity, Section 134(2) provides that:

(2) A 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 –

(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 in each of at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja.

Even though the Federal Capital Territory, Abuja (FCT) is not a State properly so called, the Constitution has clothed it with the toga of a State. In other words, the FCT is treated like a State, and all the powers of a Governor in a State is vested in the Minister of the FCT. 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. Furthermore, while the States have their respective Local Government Areas, the FCT has Area Councils.

Pursuant to the above, Section 299 of the Constitution expressly provides that the provisions of the Constitution shall apply to the Federal Capital Territory, Abuja as if it were one of the States of the Federation. Section 299 of the Constitution has received the judicial imprimatur of the full panel of the Supreme Court in FAWEHINMI & ORS v. BABANGIDA & ORS (2003) LPELR-1255 (SC).

Hence, each time the draftsman intends to refer to the 36 States and FCT in the Constitution, it says “all the States in the Federation and the Federal Capital Territory, Abuja (FCT)”, bearing in mind that the FCT has also been clothed with the toga of a State.

Having made the above clarification, the “and” as used by the draftsman between “all the States of the Federation” and “the Federal Capital Territory, Abuja” in sub-paragraph (b) of Section 134(2) of the Constitution cannot be interpreted to mean that what applies to other States is inapplicable to FCT. Rather, it means that the FCT is on the same pedestal as the States of the Federation, even though it’s not a State properly so called.

So, the intention of the draftsman as regards Section 134(2)(b) of the Constitution is that, the candidate, in addition to having the highest number of votes cast at the election, must also poll not less than one quarter (25%) of the votes cast at the election in each of at least two-thirds of all the States in the Federation (36 States) and the FCT (a State kind of), thereby making it 25% of votes cast in at least 2/3 of 37 States. 2/3 of 37 is 24.6.

Drawing from the reasoning of the erudite jurist, Otutu Andrews Obaseki, JSC (of blessed memory), in the landmark decision of the full panel of the Supreme Court in AWOLOWO v. SHAGARI & ORS (1979) LPELR-653(SC), there’s nothing like 24.6 States, for a State is a geographical setting incapable of being divided.

Borrowing a leaf from the revered jurist, the construction that two-thirds of 37 States in the Federation (FCT inclusive) is 24.6 States may be correct in the abstract but in relation to the Constitution, it is impracticable. Where there are two possible meanings conveyed by the words of a statute or the Constitution, it is the most reasonable one that should be adopted. Where the other meaning leads to absurdity or evinces internal contradiction, that meaning should be dropped for the first as the legislature never intends to be absurd or contradictory.

The word 'each' in the sub-section (2)(b) of Section 134 qualifies a whole State and not a fraction of a State and to interpret it otherwise is to overlook the disharmony between the word "each" and the fraction "two thirds". Two-thirds of thirty-seven (37), to avoid any disharmony, gives 25.

As a way of covering the base, the second school of thought contend that for a candidate to be declared winner, he must score 25% in the FCT (asides meeting other Constitutional requirements). If one agrees with this view, then it logically follows that if a candidate wins the entire 36 states of the Federation and polls the majority number of votes cast, if he fails to get 25% in FCT, then he cannot be declared winner. This cannot be the intendment of the draftsman, as the FCT cannot hold the entire nation to ransom.

So, once a candidate severally polls at least 25% of votes cast in at least 25 states, whether inclusive of FCT or not, he’s won the election so long he also has the majority of the votes cast all over the Federation.

The issue under reference has been before the Supreme Court, in 2003 in the case of Buhari Vs Obasanjo (2003) All NLR 168, the apex court in the land prophesied and held that if there’s any issue on the provision of Section 134(2), they’ll toe the part that accords with common sense. They further undertook that the court is bound to adopt a construction which is just, reasonable and sensible.

For the sake of emphasis, the operative words are "just, reasonable and sensible."

This then begets the question: is it just, reasonable and sensible to argue that a candidate who, for instance, won 36 States of the Federation and also polled the highest number of votes cast at an election but failed to score 25% of the votes cast in FCT, Abuja cannot be deemed the winner of the election? I think not. That would not be just, reasonable and sensible.

In Bakari v. Ogundipe (2021) 5 NWLR (Pt.1768) 1, the supreme Court held that by virtue of section 299(a) (b) of the Constitution, the provisions of the Constitution shall apply to the FCT, Abuja as if it were one of the States of the Federation.

If that is the case, why then would the FCT, Abuja be placed on so high a pedestal, like some lawyers have done, that it now supersedes other States of the Federation?

Buttressing further, If the provisions of the Constitution are to apply to FCT, Abuja as if it were one of the States of the Federation, then surely it cannot be ranked above other States of the Federation.

To steelman our arguments above, in Baba-Panya v. President, FRN (2018) 15 NWLR (Pt. 1643) 423, the Court held that the FCT, Abuja is to be treated like a State and it is not superior or inferior to any state in the Federation.

As a corollary, it would then be unjust, unreasonable and insensible to argue that scoring 25% of the votes cast in the FCT, Abuja is a mandatory Constitutional requirement, when no other State or even the entire States of the Federation enjoy this preferential treatment.

A reasonable, just and sensible interpretation of section 134(2) would then be that scoring 25% of the votes cast in the FCT, Abuja is like scoring 25% in any other State of the Federation.

That is just, reasonable and sensible.


Source: Shahara reporters



It must be understood that a constitutional statue is superior to a case law. And must be constructed literally so as to achieve the objective(s) of the drafters.

It is common sense that the purpose of the drafters of the constitution vis-à-vis the 25% requirement of the FCT was to ensure that a president elect who is deemed to have gotten the 25% of 24 states reaffirms the legitimacy of his victory in the multi ethnic FCT- a litmus test. I believe that was the reason the drafters made the express statement “AND” FCT. It was about votes.

“Just, reasonable and sensible” should be weighed against the backdrop of the context, considering the facts of the respective cases.
Re: The Supreme Court Has Resolved The Nigeria President & 25% Fct, Abuja Quandary S by 07kjb: 9:27pm On Mar 26, 2023
Godspikin:



U are the one sounding silly here. The question you have not answered is this, if someone wins 34 states but has 12% in FCT, having scored the highest number of votes. Is it unjust, uneasonable and insensible to declare him the winner??.


Please give your answer. A No or Yes.

Ur question is practically impossible
Re: The Supreme Court Has Resolved The Nigeria President & 25% Fct, Abuja Quandary S by walefresh3(m): 9:28pm On Mar 26, 2023
onumadu:
Any politician who cannot get ordinary 25% in Nigeria's "Center of Unity" is not qualified to lead a country in desperate need of unity like Nigeria.

The framers of the constitution know exactly why they added "AND" in reference to Abuja.
Tribalists can argue all they want, the constitution is in simple English language.

The question is: SHOULD A PERSON WHO CANNOT SUPPORT NIGERIA'S UNITY BE PRESIDENT?
bros u are wrong... Their is no where it is mentioned that u must have 25% in fct before u can be decleared winner of presidential election...

The Constitution only mentioned 2 status incase the major candidate are more than 2...

The Constitution stated that a candidate must have 2/3 votes of the 36 states and FCT which meant in 37 states... And also have majority votes which is call popular VOTES...

See Tinubu won dis ELection... That is just the fact majority ipob here don't want to believe....
Re: The Supreme Court Has Resolved The Nigeria President & 25% Fct, Abuja Quandary S by sreamsense: 9:48pm On Mar 26, 2023
LocalStandard1:
I do not really know yet where the article is going but let me correct it by saying two-thirds of 36 is actually 24 and the Constitution still put and the FCT. So let's not try and mix up issues here to arrive at a different conclusion.

Saying the FCT has no special status is out right insanity. Every nations capital throughout history has special status,argue with the Constitution not the lawyers or even law.
I laughed in 3D! This one thinks if he twists the law on Nairaland to fit obi presidential scam, it will be the same in real court of law. Unfortunately, supreme/tribunal Court will not read your emotion, it is either you accept your truth now or forced to accept it later. The Constitution is clear on this and as explained by the writer, but because it doesn't favour Obi submission, you want to twist it.

Ok, twist it now and see if court will read your emotion. Learn to accept hard truth on time instead wasting your time before being forced to accept same reality. Obi petition on this point will be dismissed, his lawyers know; but they want small money from him to feed their families. Tinubu is your president, accept the reality now or be forced to accept with shame later
Re: The Supreme Court Has Resolved The Nigeria President & 25% Fct, Abuja Quandary S by mank1234(m): 10:55pm On Mar 26, 2023
If Abuja I treated as a state that means it should have a an elected governor as well. Abi?
Re: The Supreme Court Has Resolved The Nigeria President & 25% Fct, Abuja Quandary S by DeOTR: 11:18pm On Mar 26, 2023
babytoun:


Because by this singular vote an Abuja resident is not just choosing his president but also deciding who becomes his "Governor". For other states ,the average voter has a seperate opportunity to pick his Governor . So let me flip it , is the Abuja resident so inferior that he is not allowed to pick his Governor like other states ?
How's the President the Governor of FCT when we have a Minister? Are you high?
Re: The Supreme Court Has Resolved The Nigeria President & 25% Fct, Abuja Quandary S by Spy360(m): 7:42am On Mar 27, 2023
Saying that the FCT has no special status is nonsensical.

The administrative head of a state is the governor. But the administrative head of the FCT is the president. How can you win less that 25% of the area under your watch?

The legislative arm of the state is the house of assembly but the legislative arm of the FCT is the national assembly. That means the FCT is the mixture of all the states in the federation. A microcosm of the nation.

Also, Nigeria as a constituency is domicile in the FCT.

This is reasonable, just and sensible.
Re: The Supreme Court Has Resolved The Nigeria President & 25% Fct, Abuja Quandary S by andyre34: 12:52pm On Apr 05, 2023
DeOTR:

How's the President the Governor of FCT when we have a Minister? Are you high?

The President appoint the minister and live every governor he must get 25%
Re: The Supreme Court Has Resolved The Nigeria President & 25% Fct, Abuja Quandary S by DeOTR: 1:14pm On Apr 07, 2023
andyre34:


The President appoint the minister and live every governor he must get 25%
The constitution doesn't recognize the President as the governor of the FCT, but rather likes to see us treat the FCT minister as the governor, the area councils as local governments, and the national assembly as her law makers.
The President appoints at least, one individual in each state of the federation, but not required to win all the States.
Re: The Supreme Court Has Resolved The Nigeria President & 25% Fct, Abuja Quandary S by briggster: 6:53pm On Jul 16, 2023
walefresh3:
bros u are wrong... Their is no where it is mentioned that u must have 25% in fct before u can be decleared winner of presidential election...

The Constitution only mentioned 2 status incase the major candidate are more than 2...

The Constitution stated that a candidate must have 2/3 votes of the 36 states and FCT which meant in 37 states... And also have majority votes which is call popular VOTES...

See Tinubu won dis ELection... That is just the fact majority ipob here don't want to believe....

You must have 25% in Fct.
Re: The Supreme Court Has Resolved The Nigeria President & 25% Fct, Abuja Quandary S by DaddyJapan(m): 7:37pm On Jul 16, 2023
hardbody:


Bull crap.

I am tempted to doubt the legal qualification of the writer. I simply skimmed the lengthy trash because the grammatical construction of the writer did not lend itself to the eloquence of erudite learned authors. Secondly, I did not see where statutory interpretation was analyzed within the rules known under our laws. Why people keep stressing a matter which is now sub-judice befuddles me. Why don't we either just wait for the courts to take arguments from counsel on both sides or seek to become amicus curae so that we can contribute to the jurisprudence of our legal system without misleading people on Nairaland.

The writer, whose contribution to the debate you labour so hard to lampoon, was a Labour Party candidate for the FCT senate seat in 2011. Irony huh? Even more, he was the National Secretary of the same party between 2014 and 2015.


Kayode Ajulo, who is the Founder and Principal Partner of the firm, attended University of Jos, Plateau State, Nigeria where he obtained an LL.B. (Hons.) in 1999.
He was admitted to the Nigerian Bar in 2001.
He bagged a Masters degree in Law (LL.M) at the University of Jos, Jos Nigeria.
He has years of experience in different areas of law and practice.
He was the former Federal Attorney/Legal Officer of the Federal Ministry of Justice, Abuja, Counsel at the Law Office of Afe Babalola, Abuja, Head of Chambers of Tunji Abayomi & Co, Abuja.
His doctoral research is on Social Justice and Corporate Social Responsibility.
Source: http://www.kayodeajulo.com/Abujalawfirms/
Re: The Supreme Court Has Resolved The Nigeria President & 25% Fct, Abuja Quandary S by hardbody: 10:28pm On Jul 16, 2023
DaddyJapan:


The writer, whose contribution to the debate you labour so hard to lampoon, was a Labour Party candidate for the FCT senate seat in 2011. Irony huh? Even more, he was the National Secretary of the same party between 2014 and 2015.


Source: http://www.kayodeajulo.com/Abujalawfirms/


How does his political antecedent justify his recent discordant tune?
Re: The Supreme Court Has Resolved The Nigeria President & 25% Fct, Abuja Quandary S by GoodLife4live: 12:09am On Jul 17, 2023
babytoun:


Because by this singular vote an Abuja resident is not just choosing his president but also deciding who becomes his "Governor". For other states ,the average voter has a seperate opportunity to pick his Governor . So let me flip it , is the Abuja resident so inferior that he is not allowed to pick his Governor like other states ?
olodo mister of Abuja is the 9ne uncharge of Abuja POLITICAL affairs
Re: The Supreme Court Has Resolved The Nigeria President & 25% Fct, Abuja Quandary S by pquaver(m): 12:26am On Jul 17, 2023
Ofunaofu:
"This then begets the question: is it just, reasonable and sensible to argue that a candidate who, for instance, won 36 States of the Federation and also polled the highest number of votes cast at an election but failed to score 25% of the votes cast in FCT, Abuja cannot be deemed the winner of the election? I think not. That would not be just, reasonable and sensible."

This argument doesn't hold water, infact it is a very silly argument and can only come from the camp of the APC who are at the moment caught up with the law.

If someone can be so popular to the extent of winning the entire 36 state, getting 25% in the FCT Abuja shouldn't be difficult because those who live in FCT Abuja are Nigerians who should be in tune with the popularity of the said candidate

It is a big lie.. Kwankwaso won kano wotoporosly... What was his score in jigawa which was created out of kano state? Are u saying because of his score in jigawa he is not popular in kano? Probability is used in statistics for a reason.. And the probability exist tha candidate can win 36 state and not win fct, so what become of the election? If u say it can't happen it already shows we are dealing with an illiterate.. So far the possibility exist the constitution has to take care of it without waiting for it to first happen..
Secondly i dont know why we igbos are very myopic.. This how ugm got out of hand, where u think u r doing Buhari. today the east nothing to write home about.. Today now u are proposing something that will get abuja which belongs to Northerner the ability to decide Nigeria presidency irrespective of our votes because you thing u wamt to do Tinubu.. Tomorrow now u start to cry marginalisation...very myopic bunch of people

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