garfield1:


You have a good understanding of law

Thanks bro

madscientist88:
in some instances it is,if its not so then why do we have to vote for one president? why dont we go ronald regan way?let each state have federal power of its own?

Meaning what?

PoliteActivist:


Meaning what?

giving federal government power to the states and not the centralised system of government,its because Abuja is as important as the states to sit the president, its were the leadership has power sent out to the states,abuja is the capacitor of Nigeria in other words.

Kingsmeal:


Did you finish Primary one to be asking me this stupid question?

there is no stupid question but frustration made you to give stupid answer.

madscientist88:
giving federal government power to the states and not the centralised system of government,its because Abuja is as important as the states to sit the president, its were the leadership has power sent out to the states,abuja is the capacitor of Nigeria in other words.

You sound ridiculous. So why doesn't it apply to governorship elections or to equally important Lagos. In a democracy all votes are equal - the constitution will not intentionally say your vote is worth more because you happen to be in Lagos or Abuja durring the election!

PoliteActivist:


Thanks bro

Sometimes,the law is confusing and complex so the judiciary must perform judicial lawmaking to rectify or straighten it.for instance, the constitution said forgery warrants disq but the apex court says it cannot be any type of forgery but one listed among the qualifications or the one that would have made the incumbent gain advantage.
The constitution says one must possess ssce or its equivalent but the apex court said it is not mandatory to submit to inec

PoliteActivist:


You sound ridiculous. So why doesn't it apply to governorship elections or to equally important Lagos. In a democracy all votes are equal - the constitution will not intentionally say your vote is worth more because you happen to be in Lagos or Abuja durring the election!

well if i sound ridiculous keep laughing, Nigeria is in a funny situation,the constitution is always in contradiction to the nation's structure,dont act as tho you dont know that,child brides are still married in the north,same constitution turns blind eye to that,zamfara is an Islamic state in Nigeria,yet the so called constitution turns blind eye to that,when baban gida relocated the country capital and named it fct he did that for strategic reasons should the country fall in hands of the enemies then abacha came,he decided to hand over to civilian leadership then he died,in a centralised system of government handing over power isnt an easy task to prevent anarchy,25% win in abuja would lessen treasonable chances against the leadership even though it wasn't stated constitutionally as a means of defense.its for the safety of the leadership that they win 25% in fct to prevent crisis amongst citizens living within it which could affect its ease of function.yet as i said earlier thats not always the case,it depends on what the judges conclude.it would have been easy if we practiced confederation and not centralised system of government.all i said was that tinubu winning the case isnt going to be easy if he stands a chance.

garfield1:


Sometimes,the law is confusing and complex so the judiciary must perform judicial lawmaking to rectify or straighten it.for instance, the constitution said forgery warrants disq but the apex court says it cannot be any type of forgery but one listed among the qualifications or the one that would have made the incumbent gain advantage.
The constitution says one must possess ssce or its equivalent but the apex court said it is not mandatory to submit to inec

Well said. That's why the judiciary is there - because law needs interpretation. And the SC is there because cases have to come to an end. Whatever the SC of the day rules is final even if it makes no sense, though SC of another day may overturn it!

You have no idea how brain dead all this ipob clowns supporting Obi Pandora are

Jones4190:
you means to become president one need to focuse on Abuja and leave other states?
answer me quick handle mop

madscientist88:
well if i sound ridiculous keep laughing, Nigeria is in a funny situation,the constitution is always in contradiction to the nation's structure,dont act as tho you dont know that,child brides are still married in the north,same constitution turns blind eye to that,zamfara is an Islamic state in Nigeria,yet the so called constitution turns blind eye to that,when baban gida relocated the country capital and named it fct he did that for strategic reasons should the country fall in hands of the enemies then abacha came,he decided to hand over to civilian leadership then he died,in a centralised system of government handing over power isnt an easy task to prevent anarchy,25% win in abuja would lessen treasonable chances against the leadership even though it wasn't stated constitutionally as a means of defense.its for the safety of the leadership that they win 25% in fct to prevent crisis amongst citizens living within it which could affect its ease of function.yet as i said earlier thats not always the case,it depends on what the judges conclude.it would have been easy if we practiced confederation and not centralised system of government.all i said was that tinubu winning the case isnt going to be easy if he stands a chance.

In that case it should be 51% not 25%. 75% can easily overwhelm 25%. Also, same must also apply to state capitals - the governor must get 51% there to protect him! And wherever the governor or president goes and spends time it must be ascertained in advance that he has 51% of the votes there to protect him.
See how ridiculous it sounds?

PoliteActivist:


Well said. That's why the judiciary is there - because law needs interpretation. And the SC is there because cases have to come to an end. Whatever the SC of the day rules is final even if it makes no sense, though SC of another day may overturn it!

Yes thats why they are there to interpret and interpret doesnt mean literal translation word for word.it is flexible and liberal

Legalaffairs:


Simply tell him that Abuja is special. That's why it doesn't elect a Governor.

"As if it were" means" it is not"

Can't keep spoon feeding them.

Lanretoye:
rerun?,then prepare to run a rat race.
If you understand English then you will know that the tribunal will adjudge Abuja as if it were...

Well......

PoliteActivist:


In that case it should be 51% not 25%. 75% can easily overwhelm 25%. Also, same must also apply to state capitals - the governor must get 51% there to protect him! And wherever the governor or president goes and spends time it must be ascertained in advance that he has 51% of the votes there to protect him.
See how ridiculous it sounds?

well they didn't make it 51% because 25 is quater,its the least line of defence one can attain for protection before reinforcement arrives 25% is the worst case scenario,since it cant be hard to obtain it should be ridiculous not to meet that mark tho.

garfield1:


Yes thats why they are there to interpret and interpret doesnt mean literal translation word for word.it is flexible and liberal

Exactly. Though whoever is doing the interpretation can insist it has to be literal word for word, even if it goes against common sense!

madscientist88:
well they didn't make it 51% because 25 is quater,its the least line of defence one can attain for protection before reinforcement arrives 25% is the worst case scenario,since it cant be hard to obtain it should be ridiculous not to meet that mark tho.

I don't know where you got that statistics, but ok, state governors?

PoliteActivist:


Exactly. Though whoever is doing the interpretation can insist it has to be literal word for word, even if it goes against common sense!

Justice agim will write the judgment likely and he is veery liberal and widely school,travelled,learned.

garfield1:


Justice agim will write the judgment likely and he is veery liberal and widely school,travelled,learned.

I'd say there's 96% chance they'd rule that one doesn't need 25% in FCT to be president

PoliteActivist:


I don't know where you got that statistics, but ok, state governors?

you dont know much about defence strategy do you?its a common knowledge that soldiers outnumbered 5 to 1 could win battles,this was recuperated into politics since its a game.

madscientist88:
you dont know much about defence strategy do you?its a common knowledge that soldiers outnumbered 5 to 1 could win battles,this was recuperated into politics since its a game.

State governors?

PoliteActivist:


State governors?

its about the people, what's the governor's without the people?

madscientist88:
its about the people, what's the governor's without the people?

So why aren't they equally required to get 25% in the capital??

WHY DO MOST OF YOU UNDERATE THE IMPORTANCE OF FCT. IT IS OF HIGHER IMPORTANCE THAN ANY STATE IN NIGERIA.
SO IF THE WRITTERS OF THE CONSTITUTION GIVES IT A SPECIAL ATTENSION WHY ARGUE IT. YOU MUST UNDERSTAND THAT ITS NOT IN THE SAME LEVEL WITH THE STATES
IF YOU SAY ITS SAME AS STATE THEN ASK YOURSELF
1. IS PRESIDENT SAME AS GOVERNOR? NO
2. IS THE SEAT OF POWER OF NIGERIA IN ANY STATE APART FROM ABUJA? NO
3. IS THE 3-ARM OF FEDERAL GOVERNMENT IN ANY STATE APART FROM ABUJA? NO
4. IS HEADQUATERS OF MILITARY IN ANY STATE APART FROM ABUJA? NO
5. IS THE PRESIDENT SAME LEVEL AS ANY OTHER NIGERIAN? NO
SO ABUJA THE FCT IS SPECIAL THEREFORE IF THE CONSTITUTION SAYS 25% IS REQUIRED IN FCT, DONT ASK ME
1. Are people in Abuja more special than those in the states? Let me ask you, why then is the president resident there?
2. You must accept that Abuja has a special status thats is more than/different from that of any state. So stop arguing why FCT must be 25% requirement to be president.

DoTheNeedful:
I posted this in another thread!



The argument about winning 25% in FCT is the most ridiculous of all the arguments being made by the opposition. It is funny that some senior lawyers who are obviously partisan are also making the argument.

The FCT is just a federating unit like any other state in Nigeria and it's like a 37th state. For people arguing about "AND", I suggest you read Schedule III of the Nigerian constitution which nobody is talking about. It clearly use the same "AND" for the distribution of police commissioners to the 36 states AND the FCT, appointment of commissioners to the National Population Commission from each of the 36 states AND the FCT, appointment of commissioners to the RMAFC from each of the 36 states AND the FCT, appointment of commissioners to INEC from each of the 36 states AND the FCT, appointment of representatives to the FCC from each of the 36 states and the FCT, etc. These are exactly in the same spirit with having 2/3 of the 36 states and the FCT.

In all the above cases, the FCT is clearly seen as a federating unit. As a result, it does not have a special status like some people like to make it, and it should be treated as a state.

I see the court throwing out the FCT case. The best bet for the opposition is to prove that the election was rigged sufficiently enough to change the outcome of the election.

If you you know that the president is the governor of the FCT you will not lay these claims. He governs the FCT through the appointment of a minister of the FCT.
The FCT has a special status. That's why it is mandatory for a winner of a presidential election to win 25% in the FCT.

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.

The rerun will be more embarrassing for LP because it will be between PDP and APC. LP that came third cannot participate in a rerun.

Good day to everyone on nairaland. Pls i want to use this medium to appeal to all nairalanders to help my uncle out. He has stroke for over 3 years now. He is currently recieving treatment and therapy at General Hospital, Kubwa, ABUJA.

The sickness has really drained his finances over these years. Currently he has been asked to purchase some drugs which cost 95,000 naira.

Pls we will be so grateful if anyone can assit us in whatever way they can. No amount is to small as it will go a long way in helping us purchase the drugs as we dont have money and cant bear the cost of the drugs alone.

God bless you all as you assist us. Below are pictures of my uncle and also his patient card at the hospital as proof that this is not a false claim. If anyone still needs any form of verification or proof, i am more than willing to provide such.

pls once again help my uncle. No amount is too small, GOD BLESS YOU ALL


Note... Am having difficulty posting the pics here on nairaland. anyone who wants to assits pls i will send you all proofs on whatsapp

As if it were a state simply means it's not a state.
If it fct was a state, the constitution won't say it should be treated as if it were.
It common English and common sense.

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

ANNIP:
WHY DO MOST OF YOU UNDERATE THE IMPORTANCE OF FCT. IT IS OF HIGHER IMPORTANCE THAN ANY STATE IN NIGERIA.
SO IF THE WRITTERS OF THE CONSTITUTION GIVES IT A SPECIAL ATTENSION WHY ARGUE IT. YOU MUST UNDERSTAND THAT ITS NOT IN THE SAME LEVEL WITH THE STATES
IF YOU SAY ITS SAME AS STATE THEN ASK YOURSELF
1. IS PRESIDENT SAME AS GOVERNOR? NO
2. IS THE SEAT OF POWER OF NIGERIA IN ANY STATE APART FROM ABUJA? NO
3. IS THE 3-ARM OF FEDERAL GOVERNMENT IN ANY STATE APART FROM ABUJA? NO
4. IS HEADQUATERS OF MILITARY IN ANY STATE APART FROM ABUJA? NO
5. IS THE PRESIDENT SAME LEVEL AS ANY OTHER NIGERIAN? NO
SO ABUJA THE FCT IS SPECIAL THEREFORE IF THE CONSTITUTION SAYS 25% IS REQUIRED IN FCT, DONT ASK ME
1. Are people in Abuja more special than those in the states? Let me ask you, why then is the president resident there?
2. You must accept that Abuja has a special status thats is more than/different from that of any state. So stop arguing why FCT must be 25% requirement to be president.

The only importance they can give it is consider it a state (though it is less than a state). The constitution cannot intentionally make voters in FCT worth more than voters elsewhere. That wouldn't be democracy!

Thanksful:
The constitution is final. Once it is breached, Nigeria cease to exist.

You mean once interpretation of it by the SC is breached

PoliteActivist:


The constitution that says one MUST get 25% in the 36 states AND FCT (Notice it didn't say "which may include FCT", neither did it say "FCT should be treated as one state", neither did it say "Any state can substitute for FCT". It simply stated "AND FTC", thus giving FTC special status.
If you say it doesn’t give FCT a special status, you are being economical with the truth.
You can ONLY argue that that's not what the drafters meant. And since they are not here to say otherwise, you could be right!

Constitution is read from Top to Bottom. The One I quoted earlier went further to say no person is above d other in this country. And no other part of this constitution can contradict it. It's very simple. Adding this to d part that says fct would be treated as a state, it could mean 36+fct or 37states. It's more like having one dog and 36 goats in a cage. You cannot say 2/3 of 36 goats would be majority. You'll say 2/3 of 36goats and the dog. They're all in the cage (in this case Nigeria) but cannot be termed Dogs or Goats. You have to use dogs and Goats.

akakurukukaku:


The rerun will be more embarrassing for LP because it will be between PDP and APC. LP that came third cannot participate in a rerun.

Lol. Just like a sitting governor could not have come 4th 😄😄😄

Profmizolm:


Constitution is read from Top to Bottom. The One I quoted earlier went further to say no person is above d other in this country. And no other part of this constitution can contradict it. It's very simple. Adding this to d part that says fct would be treated as a state, it could mean 36+fct or 37states. It's more like having one dog and 36 goats in a cage. You cannot say 2/3 of 36 goats would be majority. You'll say 2/3 of 36goats and the dog. They're all in the cage (in this case Nigeria) but cannot be termed Dogs or Goats. You have to use dogs and Goats.

There is no limit to the number of words one can use in a constitution. Even by your anology what would be said is 2/3 of all the ANIMALS. If they instead say it the way you did, it means the dog would be divided and ⅔ of the dog required, that's how English language works - unless you invent your own version of English!
There is nothing preventing you from stating what you mean - that the dog is to be counted as just another animal, which is different from what you said!