You are partially right, however in answer to your question below. Let me explain what has allegedly happened. Since at the time of the result announcement little to no results had been uploaded manipulation went on at the collation centre. Where elections did not hold a false paper was presented with results from that area and added to the results.
Where you are correct is that the BVAS machine will not show any accreditation. The collation officer did not look at the BVAS machines to collate the numbers and get the final result he looked at paper entered manually.
This is why LP and PDP have gone to court to inspect the BVAS machines and why INEC want to reconfigure the machines.
For example LP and PDP will aim to prove that from the BVAS machine in Unit A no election took place but a result sheet exists with 100 votes
So, in a polling unit where elections did not hold, the number of accredited voters will be zero, so tell me how the votes can be allocated in such a case?
9jatriot: One of the premise on which many are claiming that this election was fraudulent is to claim that results were written for areas where elections did not hold at all, I believe that is completely false.
With the use of BVAS, voters must be biometrically verified and accredited to vote. Now think about it, even if you hijack the BVAS and take it home, how many people can you accredit that will be enough to sufficiently enable you have a large number of voters that will make the effort worth it? So those saying that polling units were allocated results when elections did not hold are not saying the truth.
What you can accuse any party of doing is to manipulate the final result after voting not that voting did not hold at all.
Also, even when manipulating results, you always want to ensure that the total number allocated to all the parties is not more than the number of voters accredited with BVAS.
For example. let's assume polling unit 002, with registered voters of 150 but only 100 came up to vote and were verified with BVAS. That means that number of accredited voters will be 100.
Assume there were 3 contestant and the accredited voters voted for Candidate A with 25 votes, Candidate B with 55 votes and Candidate C with 20 votes. The total number of voters here is 100. The worse rigging that can be done in this instance is to redistribute the votes but the number of voters cannot exceed 100 otherwise all the votes from that unit can be cancelled if you allocate more than the votes accredited for that polling unit.
If it were possible to allocate more votes than accredited, you can be sure that Bornu, Kano and Kaduna would have produced far more votes than they did.
So, in a polling unit where elections did not hold, the number of accredited voters will be zero, so tell me how the votes can be allocated in such a case?
Final Verdict: Any polling unit where there was no election could not have votes allocated to them since the voters in those units could not have been accredited to vote.
ethikallyright: THE OPPOSITIONS’ CHANCES ARE SLIM AT THE TRIBUNAL: A LEGAL OPINION
4. Whether 25% of votes cast in the Federal Capital Territory is a prerequisite to become the President of Nigeria?
The answer is no. Section 134 of CFRN 1999 states that a candidate 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” to become the President of Nigeria. That provision must be read together with section 299 of the same constitution which gives the FCT, Abuja, the status of a state. The court of Appeal will not deviate from the decision of the Supreme Court in Bakare v. Ogundipe (2021) where the supreme court reiterated the status of the FCT Abuja as a state in accordance with section 299 of CFRN 1999. Even in the classical case of Shagari V. Awolowo, the Supreme Court of Nigeria counted “Lagos State” which was then the seat of government as a state to determine whether the candidates had 25% in the required states.
I am not sure if you are purporting to be legally trained but if you are the reasons contained in your response do not answer the question you presented.
The question you presented did not ask if Abuja is a state, but you answer tried to explain that Abuja is a state which in my view is irrelevant.
Whether Abuja is a state of not the question of 25% requirement in FCT still stands
AlexReports: A senior advocate of Nigeria, Emeka Ozoani (SAN) on Tuesday evening, said a candidate cannot legally and constitutionally be declared the winner of the presidential Election if he or she fails to win the Federal Capital Territory (FCT).
“Any presidential candidate who did not win Federal Capital Territory, Abuja, cannot legally and constitutionally be declared the winner of the presidential Election. The only available path to INEC is to call for a fresh nomination.
“Section 133(b), last paragraph of the 1999 constitution of the Federal Republic of Nigeria, as amended attests to this,” the SAN said.
A critical analysis of Section 133(b) of the 1999 Constitution as amended on the declaration of a winner in a presidential election said “the only interpretation to be founded on Section 133 (b) of the 1999 constitution of the Federal Republic of Nigeria, as amended is to the effect that for a candidate to be qualified to the office of the president, ‘he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all states in the Federation and the Federal Capital Territory, Abuja but where the only candidates fail to be elected in accordance with this section, then there shall be fresh nominations’.
“The interpretation of and is in issue. We submit that the word, ‘AND’ means ‘Conj’, ‘in addition’, ‘together with’, ‘plus’. See Webster’s Universal Dictionary and thesaurus, Bedded and Grosset, P. 31. Also, ‘AND’ means, ‘generally, a cumulative sense, requiring the fulfillment of all the conditions that it joins together and herein, it is the antithesis of ‘OR’. See Stroud’s judicial dictionary of words and phrases, Seventh edition, VOL. 1, Daniel Greenberg, London Sweet and Maxwell, 2006, P 128
“In BUHARI V INEC, (2008) 19 NWLR (PT 1120) P, 246 at 368, paras A-D, the Supreme court, In interpreting section 146 of the Electoral Act, 2006 held that the word ‘AND’ is CONJUCTIVE and not DISJUNCTIVE like ‘OR’. See also NDOMA-EGBA v CHUKWUOGOR (2004) 6 NWLR (PT 969)382.
“Further, the word ‘AND’ in SECTION 135(1) OF THE ELECTORAL ACT, 2002, the Court of Appeal, per Salami, J.C.A (as he then was) in YUSUF v OBASANJO (2005) 18 NWLR (PT. 956) 96 AT 178 held that the word ‘AND’ should be read CONJUNCTIVELY and not DISJUNCTIVELY. See also, SASEGBON’S JUDICIAL DICTIONARY OF NIGERIAN LAW. VOL. 1, P. 309. The Federal Capital Territory Abuja is one of the states of the Federation by Section 299 of the 1999 Constitution, as amended.
“Therein, it is stated,’ 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…’ In BABA-PANYA V PRESIDENT, FEDERAL REPUBLIC of NIGERIA (2018) 15 NWLR (pt 1643) 395, the court of appeal, per Akomolafe- Wilson, J.C.A, held that ‘by virtue of Section 299 of the Constitution of the Federal Republic of Nigeria, 1999 as amended, the Federal Capital Territory, Abuja, IS A STATE.
“Also, in OKOYODE v F.C.D.A., (2005) VOL. 27 WRN, P. 97, the Court of Appeal, per ALAGOA, J.C.A at p. 149, lines 40- 45, held inter alia, ‘Section 299 of the constitution of the Federal Republic of Nigeria 1999 as amended, has clear and unambiguous provisions to the effect that the Federal Capital Territory, ABUJA IS IN LAW A STATE,” Ozoani added. https://barristerng.com/without-winning-fct-a-president-cannot-be-legally-declared-ozoani/
No disrespect but that SAN does not know the law if this is real. My points on the correct position is below followed by the incorrect quotes from the SAN
1. A presidential candidate does not need to with FCT only 25% is required and the outcome is not a fresh nomination but a re-run with two candidates.
“Any presidential candidate who did not win Federal Capital Territory, Abuja, cannot legally and constitutionally be declared the winner of the presidential Election. The only available path to INEC is to call for a fresh nomination."
2. The correct part of the constitution is not 133 but 134
“Section 133(b), last paragraph of the 1999 constitution of the Federal Republic of Nigeria, as amended attests to this,” the SAN said
3. Abuja is not a state of the federation but a Federal territory
The Federal Capital Territory Abuja is one of the states of the Federation by Section 299 of the 1999 Constitution, as amended.
THIS SAN IS AN EXAMPLE OF WHY NIGERIA HAS FAILED. He is supposed to know better as a lawyer
I am not a Buhari supporter but he fooled everyone. His speech was nonsense
1. The CBN said that all old notes remain legal tender 2. Buhari speech said old N200 remain legal tender in line with CBN decision. HE NEVER said that the other old notes are NOT legal tender. He never mentioned the other old notes. 3. So the SAN is not worth his title with the conclusion he made. He should hand it back with a note saying I am too fool fool to be a SAN 4. Buhari has NOT disobeyed the court order. He has even agreed with it
Extract from Buhari speech
16. To further ease the supply pressures particularly to our citizens, I have given approval to the CBN that the old N200 bank notes be released back into circulation and that it should also be allowed to circulate as legal tender with the new N200, N500, and N1000 banknotes for 60 days from February 10, 2023 to April 10 2023 when the old N200 notes ceases to be legal tender.
17.In line with Section 20(3) of the CBN Act 2007, all existing old N1000 and N500 notes remain redeemable at the CBN and designated points
treesun: A Senior Advocate of Nigeria, Ebun-Olu Adegboruwa, has described the announcement by the President, Major General Muhammadu Buhari (retd.), that only the old N200 banknote remains legal tender while the old N500 and N1,000 notes are not as a contempt of court.
According to the lawyer-cum-activist, the president cannot overrule the Supreme Court of Nigeria.
The PUNCH reports that 10 state governors — Kaduna, Kogi, Zamfara, Katsina, Lagos, Cross River, Ogun, Ekiti, Ondo and Sokoto —have dragged the Federal Government to the Supreme Court over the naira redesign policy of the Central Bank of Nigeria, which introduced new N200, N500 and N1,000 banknotes and directed the old notes ceased to be legal tender from February 10, 2023.
On Wednesday, the Supreme Court adjourned the suit to February 22, 2023.
Buhari in a nationwide address on Thursday morning announced that the old N200 note remains legal tender till April 10 but the old N500 and N1,000 notes are not.
Reacting, Adegoruwa, in a statement on Thursday morning, faulted the president, saying he flouted the principle of the separation of powers.
He said, “There is separation of powers in a democracy.
“Under section 235 of the 1999 Constitution, the Supreme Court is the final authority in legal pronouncements in Nigeria.
“Under section 287(1) of the Constitution, the President is statutorily obliged to obey, enforce and give effect to the decision of the Supreme Court.
“Section 287(1) of the 1999 Constitution:
“(1) The decisions of the Supreme court shall be enforced in any part of the Federation by all authorities and persons, and by courts with subordinate jurisdiction to that of the supreme Court.”
Adegoruwa added that the president’s broadcast is “sad for our democracy.”
He added, “Since he already admitted that the matter is subjudice, the President should not have proceeded to vary the order of the Supreme Court.
“The president and indeed the executive should not give the impression that citizens can brazenly disregard lawful orders of any court, as that will only encourage anarchy and lawlessness.
“It amounts to executive rascality and brazen disregard and contempt of the Supreme Court, for the President to separate the denomination of the old notes for legality. It is not open to the President to choose which portion of the order of the Supreme Court that will be obeyed.
“The President should reverse his directive and add the N500 and N1000 old notes, failing which the Supreme Court should overrule the directive of the President in on February 22 when the case comes up.”
THIS SAN IS AN EXAMPLE OF WHY NIGERIA HAS FAILED. He is supposed to know better as a lawyer
I am not a Buhari supporter but he fooled everyone. His speech was nonsense
1. The CBN said that all old notes remain legal tender 2. Buhari speech said old N200 remain legal tender in line with CBN decision. HE NEVER said that the other old notes are NOT legal tender. He never mentioned the other old notes. 3. So the SAN is not worth his title with the conclusion he made. He should hand it back with a note saying I am too fool fool to be a SAN 4. Buhari has NOT disobeyed the court order. He has even agreed with it
Extract from Buhari speech
16. To further ease the supply pressures particularly to our citizens, I have given approval to the CBN that the old N200 bank notes be released back into circulation and that it should also be allowed to circulate as legal tender with the new N200, N500, and N1000 banknotes for 60 days from February 10, 2023 to April 10 2023 when the old N200 notes ceases to be legal tender.
17.In line with Section 20(3) of the CBN Act 2007, all existing old N1000 and N500 notes remain redeemable at the CBN and designated points
OsunOriginal: As criticism especially from the Christian population across the country continues to trail the choice of a Muslim VP from the north, some of us have refused to be emotional about the APC's decision. This is a contest for votes whichever angle you look at it from. Even the regional consideration also has a vote-gathering perspective to it. Therefore, any contestant will do what is necessary and go for a combination that would deliver the maximum number of votes.
This is what Bola Ahmed Tinubu, the presidential flagbearer of the APC has done. Tinubu is from the south and therefore would only pick his VP from the north to align with our political tradition. Since 1999, the Christian population (north and south) has largely voted for anything other than the APC. The situation is even worse in the north - it has always been PDP anywhere you see a sizable Christian population. If northern Christians would not vote for the APC as they have demonstrated since 1999, choosing a northern Christian as APC's VP would be of no electoral value to the APC even within the small northern Christian population. In view of the suspicion between the northern Muslims and Christians, it will also be hard for a northern Christian VP to get the support of the northern Muslim electorates. Picking a northern Christian, therefore, would be double jeopardy for the APC. The party would lose the votes of both the northern Christians and northern Muslims.
To this end, the only ticket that can give Tinubu victory is Muslim/Muslim. If you think otherwise, put forward your argument.
Why does stupidity always arrive at Election time ? Please go back to primary school with your nonsense. APC was formed in 2013 and never existed in 1999 for your write up you have scored F9
Omicron007: It is no longer news that frontline Lagos politician Chief Bola Ahmed Tinubu visited President Muhammadu Buhari in Abuja recently where he informed him of his decision to contest the apex political seat in the country in 2023.
Since that visit, social media pages have been awash with Tinubu's life long ambition of being the president of this country. A stroll on Nairaland's politics section would confirm that the polity is gradually being heated up concerning the race for who would succeed Buhari come 2023.
Tinubu's candidacy is a trending topic on this forum and a lot of political enthusiasts are airing their voice by drumming support for him or standing against him.
However, let us look at a certain scenario. Who do you think would be Tinubu's running mate? This is a very dicy situation concerning the fact that Tinubu is a Southern Muslim and it will not be acceptable by the general population if he fields a Northern Muslim as his running mate.
Who do you think is the best choice for Vice-President?
Ruben225571: I check this site you posted but it’s seems they only sell and buy Bitcoin.. I have 40$ for sell Rate 600$.. Which is 24k!
Yes that is correct but normally it is best to buy bitcoin and use that to buy the others that you want. This site is great because you can see the review of bitcoin sellers and buyers which helps to protect from bad deals... though nothing is guaranteed.
Not to say much....I got 1million to invest in Cryptocurrency...This ain't my savings or something I'll put my mind on...Just don't wanna spend it frivolously.
Politics › Re: The Supreme Court Has Resolved The Nigeria President & 25% Fct, Abuja Quandary S by andyre34: 6:36pm On Mar 26, 2023
