Jones4190:
Section 299 of the same Constitution provides that “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.
why do you mean by this statement

OKOATA:
Oga in as much Obi might triumph in court but plz this issue if rerun just die it. That mamood needs to be jailed first before anything and aside that Nigeria doesn't need to waste another 400B on another sham election. I believe justice would be done but that rerun it won't be possible.

IkeIgboNiile:
PoliteActivist
Constitutionally and legally one must get 25% of FCT,
BUT by common sense one does not need 25% of FCT.
Supreme Court has option of going the common sense route as what the drafters intended. And since the drafters are not around to dispute them, their word is final

So the SC will leave what's Legal and constitutional for common sense? Nawa oh

AwkaFinest:



No citizens living in Abuja are bigger and more important than citizens living anywhere else in Nigeria.

Obidi*ts are wonderful people

IkeIgboNiile:


So the SC will leave what's Legal and constitutional for common sense? Nawa oh

garfield1:


Yes for the drafters do not mean to create confusion but common sense

NothingDoMe:
As if it were. Not that it is. It still does not partake in everything other states do.

Normally you would have something like "Subject to section 299" inserted into section 134. But it's not there.

Make una prepare for rerun. Even Tinubu is preparing.

Elliotg:
If that's the case, why can't a candidate with the highest votes but not having the required spread win an election?

PoliteActivist:
Constitutionally and legally one must get 25% of FCT,
BUT by common sense one does not need 25% of FCT.
Supreme Court has option of going the common sense route as what the drafters intended. And since the drafters are not around to dispute them, their word is final

AwkaFinest:



No citizens living in Abuja are bigger and more important than citizens living anywhere else in Nigeria.

Obidi*ts are wonderful people

optimusprime2:


So what you mean, is that the Electoral act is based on common sense rather than the constitution?
OR
what you are trying to say is the Electoral act is based on the constitution AND common sense?


Because you are trying to mean either of the two,
Unless you mean the constitution and common sense are the same and can substitute for each other.

You are welcome.

PoliteActivist:


No, clearly the framers couldn't have meant that one must get 25% in Abuja to rule Nigeria, BUT also clearly that's what the drafters (inadvertently) wrote. So it's now up to the SC to decide whether to apply common sense or to follow strict letter of what is written. They can choose to do either and a later SC may decide to do the opposite. Supreme Courts do that all the time

Armaggedon:
see this one. Why is the president, vice, senate President living in Abuja. Why are they called the number 1, 2 and 3 citizens respectively? It is the seat of government where only the federal govt has jurisdiction which gives it a special status.The constitution is clear.

NothingDoMe:
As if it were. Not that it is. It still does not partake in everything other states do.

Normally you would have something like "Subject to section 299" inserted into section 134. But it's not there.

Make una prepare for rerun. Even Tinubu is preparing.

optimusprime2:


But you do remember this same SC had given a constitutional interpretation on this same matter previously?

So assuming we applied common sense to this matter what does it imply?

PoliteActivist:


When did the SC give interpretation to this?? I don't think this had ever arisen b4 in Nigeria.
If you apply common sense, why should Abuja voters be any different from voters from other parts of the coutry??

AwkaFinest:



If you like be called number 1/2 citizen. The law of the land sees everyone as equal.

optimusprime2:


It happened in 2008, the SC gave an interpretation and ruling on the 25% of FCT.

https://www.reuters.com/article/us-nigeria-president-idUSTRE4BB00720081212

So let's apply common sense now, what would it imply in this matter?

PoliteActivist:


No, clearly the framers couldn't have meant that one must get 25% in Abuja to rule Nigeria, BUT also clearly that's what the drafters (inadvertently) wrote. So it's now up to the SC to decide whether to apply common sense or to follow strict letter of what is written. They can choose to do either and a later SC may decide to do the opposite. Supreme Courts do that all the time

optimusprime2:


So what you mean, is that the Electoral act is based on common sense rather than the constitution?
OR
what you are trying to say is the Electoral act is based on the constitution AND common sense?


Because you are trying to mean either of the two,
Unless you mean the constitution and common sense are the same and can substitute for each other.

You are welcome.

Armaggedon:
It doesn't. The president can't be prosecuted while you can.

garfield1:


Not true,they never gave any ruling.they only talked on the meaning of AND

optimusprime2:


So the Supreme Court after an Elections petition tribunal in 2008, only talked about AND?

So the Supreme Court ended an elections dispute by only talking about AND without a ruling? Then how was the judgment given?

This is where I will end this discussion.

I sincerely thought we would be making application of common sense.

AwkaFinest:



The president definitely can. If the legislative arm of government is functional.

optimusprime2:


It happened in 2008, the SC gave an interpretation and ruling on the 25% of FCT.

https://www.reuters.com/article/us-nigeria-president-idUSTRE4BB00720081212

So let's apply common sense now, what would it imply in this matter?

IVORY2009:


Then the revolution would start from the courts

madscientist88:
what i have to say is,abuja is a representation of the whole country,its call the federal capital Territory as a means of protection,it would be almost impossible to lead the country if you didn't win the fct, you cant say israel is conquered without decimating Jerusalem Because thats the last national strong hold,tho in a few cases some countries surrender early,but in some instances taking a countries capital doesnt mean winning the war.well we await the final verdict.

PoliteActivist:


Your thesis is funny. Very funny. Why should VOTERS in Abuja be more important simply because they happen to be in Abuja. In a democracy all votes have equal weight, regardless of who you are, or where you live. The constitution cannot intentionally say that people who live in one area are more important!

IkeIgboNiile:
PoliteActivist
Constitutionally and legally one must get 25% of FCT,
BUT by common sense one does not need 25% of FCT.
Supreme Court has option of going the common sense route as what the drafters intended. And since the drafters are not around to dispute them, their word is final

So the SC will leave what's Legal and constitutional for common sense? Nawa oh