telleyway:


It is true that in Nigerian courts, anything can happen. Moreso, cases are mostly not won based on merits but technicalities. However, your analogy here with due respect is off point.
Falana was wise by saying there are Court decisions already and that he will not give a specific answer because he knows it can swing any side. One of the court decisions about fct was 2008 instituted by Buhari. The supreme court declared that 25% "AND FCT" shall be treated conjectively, meaning it's a must for you to get 25% in FCT to be president.

Let's see how the crop of supreme court justices will do this time.

obidients and mischievousness... Ur obi ll still lose in court

raskymonojendor:
Obidients won't like this news. I am sure they would say Falana has been bribed by Tinubu

He is, why interpreting a case that is already before the court of law if not that he is being tribalism to some extent.. the electoral law says *and Abuja* Abuja is not a state but an FCT, they don't have a governor in Abuja, and he should note that if Abuja is a state they will have Governor.. OBJ made the 25%, Buhari Made the 25%, Yaradua Made the 25%, Jonathan did also why would Tinubu's own be different.. so as learned as you are, are u saying you don't understand the word *And* as additional even in programing language what u have put the word and u re adding let;'s be clear is not everything a Lawyer would interpret for us, lawyer read the existing law and sighted cases references to defend their client..

but the issue here is clear to a layman who is not even a legal practitioner or u better check your dictionary for a better explanation..

if they say to you now that Mr, A, Mr B, Mr C must win the contract from the three companies and Ojukwu company... are u saying Ojukwu company that the name is being spelt out is not the major figure ?..

We should have sense even if we re supporting a candidate the US and some other western words are all seeing us as illiterate due to all these miscontrue lawyers interpreting rubbish for us

priceactionx:

I hope it will breed a fresh judgement but I doubt it if it will go against APC and the election will be cancelled for a rerun. They will turn the country upside down and politicians will use citizens against themselves which will likely lead to anarchy especially when buhari is out of government. It will still be decided by technicalities imho. Nigeria is so complex. Everyone including the judges are saving their head. The higher numbers of judges might weigh all options and hold on to a fault that might likely favour the ruling party.
My submission. Let's see how it goes.

anyone holding that argument of 25 percent of fct is just Very stupid no offense wallahi... It's like saying leceister city shouldn't have won EPL then for losing home and away to arsenal meanwhile they got highest point... Tinubu met the two requirements... I want the justice at supreme Court to punish the lawyers dragging this nonsense arguments

Many people here did not read before commenting

Brendaniel:
Abuja is not the 37th state...

Nigeria has 36 states and capital

Unlike you, I've been opportune to read that section of constitution. Abuja is just like any other state. If your so called SANs carry this case go meet CJN he won't spend 2 minutes to dismiss them and might even recommend that they should go back to University. Know this and have small peace

i dey always enjoy your analysis but they will still argue blindly but am not surprise they once believed Buhari was dead and one Jubril Al sudani was cloned as Buhari.May good sense not far from u.......

Dsalvo:


Resist it all you want. Commonsense and logic will win in the end. There is no way you can argue, in 2023, that anyone can successful propose the vote of an Abuja indigene is superior to mine in Lagos. That is patently unacceptable discrimination.

If you have any sense you will stop complicating what is simple. First go and find an example where voters elitism, by geography, is supported in any sovereign and democratic nation of the world today and we can talk about Nigeria alone wanting to disgrace herself going back to the dark ages when, for nations, it should be 'forward always backwards never..

Show, for example, the votes of Parisiens being superior to those who voted in Toulouse or Marseille then we go from there.

Being an Obi fanatic should not blind you to the fact that no ruling can take Nigeria back to 1920 reality of elitism and segregation. It will be established that Abuja votes is not superior to that of any other State of Nigeria and that voting in Abuja cannot ever determine who becomes president of Nigeria.

Dsalvo:


Washington DC is special also. POTUS lives there same as Buhari resides in Abuja. Ditto London where the Prime Minister lives and where Parliament sits and most MP's, similar to Nigerian legislators and Abuja, must have second homes in.

Do you see those Western nations, or even those in Africa, practising the backwardness Nigerians are supporting in 2023 because some are desperate for Obi to win?

The touted vote superiority or elitism of Abuja, with no similar seen worldwide, will be binned for good.

Whatever motivated those who proposed it, in the first place, is outdated and discredited today. It is a retrogressive consideration today that cannot be upheld. As simple as that.

Like trying, in 2023, to uphold pre-1950 laws in the USA that decreed black people could not vote when all around you worldwide have embraced progressive change.

Many ways to recognise Abuja's uniqueness that do not include openly discriminatory and throwback practices a single individual should not engage in let alone the biggest black nation on Earth that has a duty to lead by example.

The 1999 Constitution of Nigeria has to be amended to remove the phrase "and Abuja" before any court can waive getting 25% of votes from Abuja residents by a presidential candidate. It's not left for the courts to amend the 1999 Constitution of Nigeria. It's the duty of the National Assembly to amend the constitution. The courts can only interprete the constitution.
For now, the constitution has it very clear that a presidential candidate must win 25% of votes of Abuja residents, as well as win 25% of votes in 24 states before declared winner of presidential election.

DeOTR:

The Minister acts as the Governor, the National assembly the law makers, the Area councils, local governments.
These things have already been explained in several other judgements, but if the oppositions decide to waste their time in court, they're welcome.
Section 299 already asked the FCT to be treated as if it's a state of the federation on constitutional matters.
Not mentioning the FCT in section 134 would have made it impossible for residents of the FCT to vote, since it's not so called a state, but a later section clears that doubt.
As much as I agree that the wordings of that section is ambiguous (I feel further explanations should have sufficed), it's not meant to be misunderstood.

the court should come hard on lawyer's raising this argument that ll ensure no one comes up with such rubbish again...

so this means that abuja too is enjoying the full privileges too of a state and that it is just another state, judging from what you just wrote . then the best thing is for the national assembly to remove the portion causing all these wahala from the constitution

paymentvoucher:
Section 299 of the Constitution of the Federal Republic of Nigeria

The provisions of this Constitution shall apply to the Federal Capital Territory, Abuja as if it were one of the States of the Federation; and accordingly -

(a) all the legislative powers, the executive powers and the judicial powers vested in the House of Assembly, the Governor of a State and in the courts of a State shall, respectively, vest in the National Assembly, the President of the Federation and in the courts which by virtue of the foregoing provisions are courts established for the Federal Capital Territory, Abuja;

(b) all the powers referred to in paragraph (a) of this section shall be exercised in accordance with the provisions of this Constitution; and

(c) the provisions of this Constitution pertaining to the matters aforesaid shall be read with such modifications and adaptations as may be reasonably necessary to bring them into conformity with the provisions of this section.
More: https://jurist.ng/constitution/sec-299

I definitely agree with you,that kenneth okonkwo is a clown despite calling himself a lawyer.........

ppogba:


You should have SINPARTY for Kenneth Okonkwo. The young lads have pushed him out of Nollywood.

The last film he acted featured Sam Loco Efe who died decades ago.

Guy man dey hustle for daily bread since heaven does not give again and has directed every man to hustle.

Bigchristo:
Femi Falana will be bashed for making a falsehood out of the explanation, FCT is never treated as a state that’s why they made it compulsory to get 25% votes from there before you can become a president it has never happened in the history of Nigeria elections for a candidate to lose FCT n still be declared winner

It’s just like WAEC making maths n English compulsory for a student to get at least a pass or credit before they can be admitted into school with the results we all should stop being biased towards our own national issues nobody is above the laws of this country in as much as we want our own tribal people to be in power let’s not forget that there are laws that guild us as a nation

Even though Abuja is not a state, but the constitution say Abuja should be treated as a state

Section 299 of the Constitution of the Federal Republic of Nigeria

The provisions of this Constitution shall apply to the Federal Capital Territory, Abuja as if it were one of the States of the Federation; and accordingly -

(a) all the legislative powers, the executive powers and the judicial powers vested in the House of Assembly, the Governor of a State and in the courts of a State shall, respectively, vest in the National Assembly, the President of the Federation and in the courts which by virtue of the foregoing provisions are courts established for the Federal Capital Territory, Abuja;

(b) all the powers referred to in paragraph (a) of this section shall be exercised in accordance with the provisions of this Constitution; and

(c) the provisions of this Constitution pertaining to the matters aforesaid shall be read with such modifications and adaptations as may be reasonably necessary to bring them into conformity with the provisions of this section.

- So the Governor is - The president who administer it through his/her Minister for FCT

- The lawmakers are the National Assembly members.

And enough of you people using compulsory English language requirement in admission process as same with 25% in Abuja being made compulsory. It is like many of you don't know why English is made compulsory in admission process. The big deal about English is that whatever course you wanna learn will be taught in English Language, so if you cannot communicate in English then you cannot learn the course well, hence the demand for minimum credit in English. If you are going to school in French speaking countries where lectures are given in French Language, no admission requirement will demand for a credit in English but French Language.

Now tell me what make Nigerians in Abuja more Nigerian than the Nigerians in Bayelsa or Bunue or Ogun?

Imagine we have 2 candidates and one won 36 states and a candidate from Abuja won Abuja by 90%, so we will continue to have inconclusive election even if election is done 100 times. Can that be the real understanding of that part of the constitution?

I am not a fan of Asiwaju and I doubt Falana is a fan too.... but it is what it is.

onuman:


Abuja is special because that's where the president lives.
Therefore, to be welcome in Abuja, a president is expected to get permission from residents of Abuja through, at least 25% of votes from Abuja residents. That's what the writers of the constitution had in mind when they mentioned the 36 states AND Abuja.

A state has a governor. Abuja has no governor.

meaning tinubu can't set foot in Igboland right since he didn't even get 9 percent... See how foolish the argument sounds...

Thank you for ur wisdom ..God bless you sir.

priceactionx:
Before you start insulting this man, as Nigeria politics is involved, if the 25 percent makes sense, don't you think a candidate that knows he can't win a presidential election will just concentrate all his energy on Abuja election in other to win massively and be a spoiler for the leading candidate not to get 25 percent there so that the election will be cancelled? If it's in that case ,do you think it that way?don't tell me it can't happen?

Many people or young guys and some lawyers are just misinterpreting the Abuja requirements out of sentiments. This case is just no case .
Apart from the uproar it can lead the country to and the cost of running another elections which Nigerian government won't want to risk, this case has been settled during obj regime. No question about it.

The defence lawyers will make reference to it and the case will most likely thrown out. That's how Nigerian court of law works if you don't know. It's only a fresh files that has never been treated as such gets lots of debates.

Lawyers know this, but they are just trying to make money for their pockets. Even tinubu drug case will likely be thrown out. It has been treated before, apart from jurisdiction and timeline of the events.
Just look how dapo abiodun own was thrown out, despite being convicted. Many people don't even know how their country works.

raskymonojendor:
Obidients won't like this news. I am sure they would say Falana has been bribed by Tinubu

Falana only expressed his opinion as a SAN.

other SANs have expressed contrary opinions.

Lets see what the courts have to say

Brendaniel:
Abuja is not the 37th state...

Nigeria has 36 states and capital

Hey bro..trust u re fine financially but not fine emotionally due to the poll results


Remember I told u that u will see pepper, now this is the superiority I am talking about..hope u get it?

I first laffed, I laffed during, and I laf last

OlawaleBammie:


Hey bro..trust u re fine financially but not fine emotionally due to the poll results


Remember I told u that u will see pepper, now this is the superiority I am talking about..hope u get it?

I first laffed, I laffed during, and I laf last

Nigerians have chosen President Peter Obi(GCFR)

Brendaniel:
Abuja is not the 37th state...

Nigeria has 36 states and capital

u dey mind the mumu talk...fct a state? Who come be the governor cos have never heard of Abuja state governor.

you are on point but they will read different meanings to this analysis,common sense is not common,deep hatred is in their genes.............

famology:
There's no controversy here, it's just that lawyers want to CHOP from obi and atiku. We don't have electoral college system in our constitution. All votes are equal in every part of Nigeria.

36 states and fct is different from 36 states and in the fct. I hope zombidients won't start insulting judges after their case is dismissed?

If I have 25percent in 23 states and need 1state more to make it 24,if I have 25perc in Abuja it can be added to make it 24 states for me thereby making me meet the qualification to be declared president. This is the intendment of that section of the constitution. People are just giving political interpretation to it just to suit their inclination.

lansile:



Unlike you, I've been opportune to read that section of constitution. Abuja is just like any other state. If your so called SANs carry this case go meet CJN he won't spend 2 minutes to dismiss them and might even recommend that they should go back to University. Know this and have small peace

Oga try and read my other comments on this same thread...

Omobalo67:


And the girl is not one of the children as a universal set?

Does that still make her a boy?

Despite the fact that you quoted and read that part of constitution,you are still saying gibberish,all i can say is that .......May GOD deliver you from ignorance.........

ogwumgbe:


No atom of twisting can change the fact that 25% is needed in Abuja also for someone to be declared winner. A state that doesn't have a governor? Is that what you call a state? A state which it's sole adminstrator is appointed and not elected? just go and sit down. FCT is Federal Capital territory and not FCT state,

MightySparrow:


Roadside lawyer.


A legal luminary has expressed his opinion. Your idea belongs to beer parlour.

Even SAN's lose cases due to wrong interpretations of the law...

SmartyPants:


Glad you're getting it now. The Constitution meant to say you must get 1/4 of 2/3 of all the federating units. Since the FCT is not a State, the only way to express this is to say get 1/4 of 2/3 of all the 36 States and the FCT.

Now, what Mr Falana has said (in the past) is that the FCT has the status of a State - meaning it is to be treated no differently from the States. The implication is that when trying to interpret the meaning of Section 134, no interpretation can be given which would put the FCT in either a superior or inferior position relative to any other state.

Meaning, the requirement in section 134 is conjunctive, both in plain English, and on the basis of trite constitutional principles.

If it is treated as a state in this situation then Abuja has lost out, they have been shortchanged...

TheATM:
This is what the constitution says,go and verify as your Master used to say.Section 134 sub-section 1 (b) of the 1999 Constitution states that a winner of a presidential election must not have 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.

Abuja is not a state...

wildernessVoice:


FCT is never treated as a State. It stands alone for candidate to win 25% of votes as requirement for winning presidential election.
If FCT is treated as a State; why is gubernatorial election not held rather it's administer by Mr. President via a minister.
I'm ashamed that a lawyer of Falana status exhibit tribal bigotry on a simple phrase in our constitution. Probably he wants to be hired by BAT to get his share of the illicit cash of a drug baron.

Lord!!! This stupidity is contagious. Okay let's put it this way. So a person can win the entire states of the federation and get a very huge number of votes ahead of his closest rival but he gets 10% of the fct and by your stupid submission he cannot be sworn in? So what any opponent has to do is just be winning the fct by 80% and there would be constant rerun. Does that make sense? Is that not against the spirit of the constitution?

Brendaniel:


Nigerians have chosen President Peter Obi(GCFR)

Bro wake up..wake up bro.


See lemme tell u one bitter truth, I am not saying u should believe it but just ponder on it.


"Igbos are making everybody their enemies, attacking the other two major tribes... Now after eight years and nobody support the Igbos, they will be crying again that we jettison them"

I hope u guys orientate Ur brothers to know how to build bridges..it go a long way.



Like me, swear I wanted to vote for obi cus I am not a tribal person, but seeing Ur brothers calling my tribes a sort of names and claiming victims on what they are guilty of made me change my mind. Now I promise, I don't see myself voting for any Igbo man in the future, I would not even try to campaign for them talk more of voting.

chai !!! it is you that has comprehension problems.it is not too late for u to go back to school............

Ebony2King:


Oga read that stuff properly.... Falana was even talking in favour of Obi. Tinubu didn’t meet the required 25% for Abuja despite it being seen as a state constitutionally just as Falana said

U urchins have problem with comprehension 😂 😂

Brendaniel:


If it is treated as a state in this situation then Abuja has lost out, they have been shortchanged...

How so?

The intention of the draftsmen is what is important here. Now, what did the draftsmen of the 1999 Constitution intend Section 134 sub-section 1 (b) to be? The draftsmen intended the section to mean that to be declared winner, the potential president must secure at least 25% of the votes cast in the FCT. Refer to the HANSARD or transcript of the Constitution Drafting Committee which drafted the 1999 Constitution. The draftsmen CLEARLY stated their intentions there. I am sure their Lordships will have a look at those transcripts. This is because the Constitution is the grundnorm, and it cannot be interpreted against its provisions whether its provisions are unfair or inequitable (refer to Chapter 2, and the moral arguments over the years as to its non-justiciability. Where the Constitution is unfair by its provisions, the hands of the Supreme Court are tied to interpret only the actual provisions of the document until the provisions are perhaps amended in the future)

Without the Constitution, there is nothing like the Federal Republic of Nigeria. The Supreme Court seats primarily to interpret the Constitution. All other work it does is ancillary, secondary and all derive their legitimacy from the Constitution.

Now, it is my position that the Constitution must not be bent to satisfy any interests, whatsoever. If it is, then any administration that benefits from the bent interpretation will be functioning like a military government, an impostor government, a government formed by alien invaders.

The Supreme Court must therefore interpret the intentions of the draftsmen of the Constitution to save itself from the desperation of unscrupulous politicians. Both the interpretations of Sections 134, and 137(1)(d) and other related sections must all be according to the ACTUAL intentions of the draftsmen and literal.

Take note the Messrs of the Supreme Court.

Keegan:


Some of you are either foolish or deliberately mischievous.

Abuja FCT cannot be more than any state of the Federation in status. Its creation is just for the administrative purposes, and its inclusion in that section of the Constitution is just not to deprive its residents of their civil responsibilities else the thirty-six states are the real issue.

God bless you . It’s like a man with 36 wives and one baby mama who dies and leaves a will . In it he says my 37 houses should be shared equally between my 36 WIVES AND MY BABY MAMA . Thereby ensuring that IN HIS WILL all of them are treated equally . Not making the baba mama superior to the other wives or LESS superior to the other wives .

ABUJA cannot have a superior status to all the states . Because it will mean ,if interpreted otherwise, a VOTE in abuja carries more value than any other vote in nigeria . This will open doors to terrible consequences for the polity in abuja . Killings and violence , extreme transfer of PVCs to abuja among others

wildernessVoice:


FCT is never treated as a State. It stands alone for candidate to win 25% of votes as requirement for winning presidential election.
If FCT is treated as a State; why is gubernatorial election not held rather it's administer by Mr. President via a minister.
I'm ashamed that a lawyer of Falana status exhibit tribal bigotry on a simple phrase in our constitution. Probably he wants to be hired by BAT to get his share of the illicit cash of a drug baron.

You surely need brain surgery if u assumed everyone is a tribal bigot. You guys don't even know anything. Even lawyers from Ur region knows Abuja is just like common state in Nigeria.

Ganbite:
[/b]

He is, why interpreting a case that is already before the court of law [b]if not that he is being tribalism to some extent.. the electoral law says *and Abuja* Abuja is not a state but an FCT, they don't have a governor in Abuja, and he should note that if Abuja is a state they will have Governor.. OBJ made the 25%, Buhari Made the 25%, Yaradua Made the 25%, Jonathan did also why would Tinubu's own be different.. so as learned as you are, are u saying you don't understand the word *And* as additional even in programing language what u have put the word and u re adding let;'s be clear is not everything a Lawyer would interpret for us, lawyer read the existing law and sighted cases references to defend their client..

but the issue here is clear to a layman who is not even a legal practitioner or u better check your dictionary for a better explanation..

if they say to you now that Mr, A, Mr B, Mr C must win the contract from the three companies and Ojukwu company... are u saying Ojukwu company that the name is being spelt out is not the major figure ?..

We should have sense even if we re supporting a candidate the US and some other western words are all seeing us as illiterate due to all these miscontrue lawyers interpreting rubbish for us

Please shut up, & stop spreading false rhetoric, you think we are here for guess opinions? Abuja is considered a State of The Federal Republic of Nigeria.

299. The provisions of this Constitution shall apply to the Federal Capital Territory, Abuja as if it were one of the States of the Federation; and accordingly -

Pursuant to the provisions of the aforementioned section, all arguments on the status of The FCT settled.