FACT FILE: Supreme Court established 25% in FCT mandatory to win presidential election in Buhari vs Obasanjo.

More evidence has shown that it is mandatory to get at least 25 per cent of votes cast in the Federal Capital Territory (FCT), Abuja, in order to win the presidential election in Nigeria.

The latest evidence arose from another scrutiny of the Supreme Court ruling in the case between Muhammadu Buhari, the then candidate of the All Nigeria Peoples Party (ANPP), and Olusegun Obasanjo, the then Peoples Democratic Party’s (PDP) candidate, on Friday, July 15, 2005, by Mr. Dokun Ojomo.

According to Mr. Ojomo, in the ruling, the apex court had upheld that presidential candidates must win 25 per cent of all votes cast in 24 states, as well as the Federal Capital Territory, Abuja.

Commenting on the outcome of the 2003 Presidential Election Petition Tribunal (PEPT) and the 25% in FCT saga, Ojomo wrote:
“After the 2003 elections, Buhari called for the cancellation of the election since Obasanjo failed to win in FCT but it was resolved that winning the FCT is not mandatory but having 25% in FCT is very mandatory".

“President Obasanjo back then satisfied the basic requirements of 25% in 24 States AND 25% in FCT also having the highest number of total valid votes cast".

“It was also stated that if there was no election in Abuja or election in Abuja was canceled, the election will automatically go into re-run regardless of satisfying other requirements which validated the importance & exceptional factor of FCT in our constitution"

“It was established in 2003 by those justices that 25% in FCT is as mandatory as having highest number of total valid vote cast to win an election in Nigeria.”

He noted that the Justices that resolved the FCT case between Obasanjo and Buhari were Justice Mohammed Lawal, Justice Idris kutigi, Justice Denis Edozie, Justice Sam Odemwingie, Justice Aloysius Iyorgyer, Justice Umaru Kalgo, and Justice Ignatius Chukwudi.

In its publication on April 12, 2023, News Band had reported more clarity regarding the correct interpretation of ‘the 25 per cent of all votes cast’ in the Federal Capital Territory.

In the Supreme Court ruling, the apex court had upheld that presidential candidates must win 25 per cent of all votes cast in 24 states, and the Federal Capital Territory, Abuja.

One of the cruxes of the matter for determination in Buhari v. Obasanjo [2005] was Section 134(1 & 2) of the Constitution which said:

“(1) A candidate for an election to the office of President shall be deemed to have been duly elected, where, there being only two candidates for the election:

(a) he has the majority 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.

“(2) A candidate for an election to the office of President shall be deemed to have been duly elected where, there being more than two candidates for the election: (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.”

The report stated:

“The trial of the petition, which lasted about 15 months, began before the Court of Appeal (Abdullahi, PC.A., Mahmud Mohammed, J.C.A. (as he then was) Nsofor and Tabai, C.A) on the 25th day of September, 2003, ended on the 20th day of December, 2004.

“The court heard the 139 witnesses called by the 1st and 2nd petitioners (1st and 2nd appellants/cross-appellants), the 100 witnesses called by the 1st and 2nd respondents (1st and 2nd respondents/ appellants) and the 116 witnesses called by the 3rd and 6th to 268th respondents (3rd and 6th to 268th respondents/cross respondents), being altogether 355 witnesses.

“In the leading judgment of the Court of Appeal, delivered by Tabai, J.CA., (with Nsofor J.C.A. dissenting,) the court held as follows:

“”I have considered the evidence in support of the allegations in each of the 14 States which elections (sic) were questioned. And in the exercise I have cancelled the election in Ogun State, some Local Government Areas, Wards and Units.

“”The question is the effect (sic) of this annulment on the election in the country. For the determinations (sic) of this question I refer to the provisions of section 134(2) of the 1999 Constitution of the Federal Republic of Nigeria.

“”Section 134(2) of the Constitution provides:
““A candidate for an election to the office of 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.”

“”This provision appears clear to me. Where a candidate wins the highest number of votes cast in at least two-thirds of the 36 States in the Federation and the Federal Capital Territory Abuja, he is deemed to be elected…

“”I do appreciate any ambiguity in the provisor and even if there was one, this court is bound to adopt a construction which is just, reasonable and sensible. (See Maxwell on the Interpretation of Statutes, 12th Edition, Chapter 10).

“”In my view, it would lead to absurdity and manifest injustice to nullify the election for the entire nation because of the nullification of the election of one State, some Local Government Areas, Wards and Units.

“”Such a devastating result could hardly have been contemplated by the framers of the Constitution.

“”Learned counsel for the 1st and 2nd appellants/cross-appellants, Chief Mike Ahamba, Senior Advocate of Nigeria, in the amended brief of argument filed on their behalf, has formulated 18 issues for determination to cover the 41 grounds of appeal filed.””

SOURCE; https://nkirukanistoran.com/archives-supreme-court-upheld-candidates-must-win-25-votes-in-24-states-plus-25-in-fct-in-buhari-v-obasanjo-2005/

NLFPMOD
MYND44
SEUN

Can't wait for monday!

This is trash for the bin.

Don't mind them. Let them continue to suffer from amnesia.

So by your logic, getting 100% of votes in FCT guarantees you a seat in Aso Rock? Lol. As far as elections are concerned FCT will be deemed a state and will be treated as onw

By

Mumu post

Draslo:
So by your logic, getting 100% of votes in FCT guarantees you a seat in Aso Rock? Lol. As far as elections are concerned FCT will be deemed a state and will be treated as onw

How can you deem FCT a state because of Elections?

If you say FCT is a state then who is their governor?

SpatialKing:


How can you deem FCT a state because of Elections?

If you say FCT is a state then who is their governor?

Section 299 has ordered us to treat it like a state

Omowale2023:
Can't wait for monday!

Why didn't you quote where stated that 25% is mandatory in fct? Did you properly read what you posted?

garfield1:


Section 299 has ordered us to treat it like a state

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
More: https://jurist.ng/constitution/sec-299


If you read well you will understand that section 299 just affirm or justifies why is mandatory to get 25% in FCT..
Because just like other states the president serves as the Governor of FCT..
Now ask yourself, how do you become governor of FCT (as state) without winning 25% votes of the state?

As it stands the only reason that would stop Tinubu from being disqualified are corrupt, partisan and bigoted Judges....

garfield1:


Section 299 has ordered us to treat it like a state

Go and read section 299 again...

That seems justified reason why is mandatory to get 25% in FCT...

From section 299..

Assume FCT is a state and the president is the governor. How do you become a governor of FCT without winning 25% votes from FCT?

SpatialKing:



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
More: https://jurist.ng/constitution/sec-299


If you read well you will understand that section 299 just affirm or justifies why is mandatory to get 25% in FCT..
Because just like other states the president serves as the Governor of FCT..
Now ask yourself, how do you become governor of FCT (as state) without winning 25% votes of the state?

As it stands the only reason that would stop Tinubu from being disqualified are corrupt, partisan and bigoted Judges....

You are reading it myopically and narrowly.that section has ordered us to treat the fct as a state in all matters.seeing the president as the governor is just a stop gap measure and for administrative purpose.he is to act as gov because they dont have a gov in the real sense.if you say the president is gov,then he must not just have 25% in fct,he must win there just like a governor must win his state.the national assembly members too must also be required to contest elections in abuja since they are the fct lawmakers going by your analogy.it doesbt make sense.if you read the post of the op,the judges clearly said when there is ambiguity in any statute,they will pick a construction that makes more sense.
Universally,all votes are equal.the votes of fct is same as the other states.the court will never elevate the votes of fct above any other state.buhari vote and mine is equal

SpatialKing:


Go and read section 299 again...

That seems justified reason why is mandatory to get 25% in FCT...

From section 299..

Assume FCT is a state and the president is the governor. How do you become a governor of FCT without winning 25% votes from FCT?

For you to become a governor,you must win a state not get 25%.

garfield1:


For you to become a governor,you must win a state not get 25%.

Exactly

So please FCT can not be deem a state in this matter

garfield1:


You are reading it myopically and narrowly.that section has ordered us to treat the fct as a state in all matters.seeing the president as the governor is just a stop gap measure and for administrative purpose.he is to act as gov because they dont have a gov in the real sense.if you say the president is gov,then he must not just have 25% in fct,he must win there just like a governor must win his state.the national assembly members too must also be required to contest elections in abuja since they are the fct lawmakers going by your analogy.it doesbt make sense.if you read the post of the op,the judges clearly said when there is ambiguity in any statute,they will pick a construction that makes more sense.
Universally,all votes are equal.the votes of fct is same as the other states.the court will never elevate the votes of fct above any other state.buhari vote and mine is equal

You are actually reading it blindly...
Universally all votes are equal that's why AND FCT is mandatory...
If all votes weren't equal only the votes from a particular region is enough to make a candidate president...

SpatialKing:


Exactly

So please FCT can not be deem a state in this matter

You are missing it.if the president is deemed to be the gov of fct,the constitution would have required him to win fct not get only 25%.if fct is not a state,then it is inferior to a state and its votes are not important

garfield1:


You are missing it.if the president is deemed to be the gov of fct,the constitution would have required him to win fct not get only 25%.if fct is not a state,then it is inferior to a state and its votes are not important

But the constitution already requires him to get 25% of FCT already... He should meet the requirements first..

SpatialKing:



You are actually reading it blindly...
Universally all votes are equal that's why AND FCT is mandatory...
If all votes weren't equal only the votes from a particular region is enough to make a candidate president...

Making 25% in fct mandatory means elevating fct above all other states.if votes were equal,the constitution would have required the president getting 25% in all the states or in at least 25 states inclusive of fct.

SpatialKing:


But the constitution already requires him to get 25% of FCT already... He should meet the requirements first..

The constitution never said so.if they meant it,they would have also included it for governors.it would have said and in the fct or and also in the fct.saying and the fct could mean many things.right from kindergarten stage,we where told that Nigeria is made up of 36 states and fct not 36 state including the fct.therefore,the framers had this in mind when framing the constitution

garfield1:


Making 25% in fct mandatory means elevating fct above all other states.if votes were equal,the constitution would have required the president getting 25% in all the states or in at least 25 states inclusive of fct.

Nobody is elevating FCT
Talking about equality
13 million votes were against 8 million
Are you saying 8 million is greater than 13 million

All votes are equal in all states AND FCT

So since all votes are equal then 25% FCT votes is also equal to votes from other states....

garfield1:


The constitution never said so.if they meant it,they would have also included it for governors.it would have said and in the fct or and also in the fct.saying and the fct could mean many things.right from kindergarten stage,we where told that Nigeria is made up of 36 states and fct not 36 state including the fct.therefore,the framers had this in mind when framing the constitution

Now the constitution has made it clear AND FCT
Moreover, votes from other states is same and equal with votes from FCT...
Hence 25% in FCT is mandatory to be president

SpatialKing:


Nobody is elevating FCT
Talking about equality
13 million votes were against 8 million
Are you saying 8 million is greater than 13 million

All votes are equal in all states AND FCT

So since all votes are equal then 25% FCT votes is also equal to votes from other states....

Obidients are trying to elevate the fct above other states.if it is mandatory to get 25% in fct,then it must be mandatory in all states.do not be deceived by the And.And In is even more specific.And can also mean including.if you know how the law works,you won't push this further

SpatialKing:


Now the constitution has made it clear AND FCT
Moreover, votes from other states is same and equal with votes from FCT...
Hence 25% in FCT is mandatory to be president

And 25% in all the 36 states is also mandatory.it is also mandatory for state capitals

Kentursky:
This is trash for the bin.

Are you sure?

I dont think you read through this. Because if you did, you would know that your agbado is in trouble.

The mandate will be returned

garfield1:

And 25% in all the 36 states is also mandatory.it is also mandatory for state capitals

University of Lagos said if you will be admitted to study law, you must make 5 credits including English and Mathematics.

Now, you went ahead to score 8 credits and failed English, do you have any ground to insist that Unilag should admit you to study law🤔?

Penguin2:


Are you sure?

I dont think you read through this. Because if you did, you would know that your agbado is in trouble.

The mandate will be returned

If you read it carefully,you will know that Pandora is disgracing himself.there is nowhere that 25% in fct was ruled on in that post.secondly,the judges already gave an expo of where they will tilt towards if they were to rule.
Obi's mandate is in ss se

Penguin2:


University of Lagos said if you will be admitted to study law, you must make 5 credits including English and Mathematics.

Now, you went ahead to score 8 credits and failed English, do you have any ground to insist that Unilag should admit you to study law🤔?

Mancity ended the season with the most points and you said they shouldn't be crowned because they never won arsenal.how does that sound? At this your level,you should know by now that law is different from other civil matters

garfield1:

And 25% in all the 36 states is also mandatory.it is also mandatory for state capitals

If it were in the constitution but is not

SpatialKing:


If it were in the constitution but is not

That is why you need to read the constitution.everything that applies to a gov,applies to a president.you read the constitution holistically and not narrowly inorder to get the true intendment of the framers.no law will ever elevate somebody or a place above others.equality before the law is spiritually sacrosanct.

garfield1:


Obidients are trying to elevate the fct above other states.if it is mandatory to get 25% in fct,then it must be mandatory in all states.do not be deceived by the And.And In is even more specific.And can also mean including.if you know how the law works,you won't push this further

The constitution is clear
So is the Obidient that wrote the constitution?

For state capitals is mandatory it would be stated in the constitution
Don't forget States capital like Osogbo have LGA chairman... The governor isn't not the chairman unlike FCT that the president and NASS serves as governor and State assembly