Jokay07's Posts
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spyder880:I noticed that room 1, room 2 and room 3 has only one access door and that means that there won't be privacy in case a visitor is sleeping over |
ALABACONNECT:I want to pay 80k for this. Deal? Dm with your account details |
Enemyofpeace:Did you go with gun or cutlass? |
MikeofAfrica:It's highly illusional bringing unrelated examples such as yours; to interpret Section 134(2) of the constitutions. Interpretation of the constitution is not a straightforward as people think. However, I am not here to argue in favour or against any interpretation but it must be noted that there's already judicial precedent on this same issue. Firstly, The Court of Appeal in Okoyode v FCDA4. The Court rule established FCT as a state. Secondly There's another SUPREME COURT ruling declaring FCT as a state. https://www.thisdaylive.com/index.php/2020/09/08/fct-abuja-court-with-jurisdiction-on-matters-involving-its-agencies/ Although there's no clear interpretation as to whether FCT is a must |
Seun should do something about creating thread/topic on nairaland. Let there be more restrictions on creating topics on nairaland. Before you open or create a topic/thread, let it undergo some reviews by the mods. This will solve many problems like hate-filled, ethnic insults and tribalistic topics. This disclaimer policy is not effective at all. |
surgical:Abuja is not an electoral college and it's not our electoral college. Nigeria as a nation is not practicing indirect ballot system. You guys should stop bringing bunkum of unintelligent examples/case in order to interpret the constitution to your own taste. That's how the other guy up there was bringing the case of WAEC and English language |
MikeofAfrica:So much for WAEC ![]() That aside. Does scoring "A" in English language and having F9 parallel in the remaining 7 subjects guarantee any admission? |
dat9jaguy:Don't mind the guy ![]() |
LocalStandard1:Are the people living in ABUJA have two heads? |
chizagi:Like how much will it cost to do polysterene parapet for a 3 bedroom bungalow. Just a projected rough estimate |
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Beremx:There's nothing smart there. There's nothing magnificent or extraordinary in Peter Obi's petition. It's normal thing to do. There's no judicial abracadabra[b] that Peter obi wants to perform. The same thing is being done by Atiku. Please, let's stop IRONING rags |
BluntCrazeMan:JUDICIAL DECISIONS ON SECTION 134(2) AND SECTION 299 The Court of Appeal in Okoyode v FCDA4 had cause to interpret Section 299 of the Constitution on whether the FCT was a State and in its decision stated that the FCT should be treated as one of the States in the Federal Republic of Nigeria. You can read more on this. There is already a preceding clause on this issue. Tribunal won't even waste 10 minutes deliberating on it |
Why do we a lot of dull people on nairaland?
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BluntCrazeMan:Section 134(2) that a candidate must (a) have the highest number of votes cast at the election; and (b) have not less than 25% of total votes cast in at least two-third of all the States in the Federation and the FCT, Abuja. What does the Constitution mean by 25% of votes in all the States in the Federation and the FCT, Abuja (FCT) and how should this be interpreted? These are the questions sought to be answered here. Before we proceed to review and give an interpretation to these provisions, we must bear in mind that the Constitution is not read and interpreted like any other book, there are rules for interpreting the Constitution and we will now examine same. RULES FOR INTERPRETATION OF THE CONSTITUTION In the 2022 decision of FRN v Nganjiwa3 the Supreme Court, while relying on some of its earlier decisions, reiterated the settled position on how to interpret provisions of the Constitution as follows: (a)Where the words of the Constitution are clear and unambiguous, a literal interpretation will be applied. (b) Where there is ambiguity in a literal interpretation, a holistic interpretation would be resorted to. (c) All sections must be read together and purposively so that no section is rendered redundant or superfluous. (d) If the words remain ambiguous, the intention of the makers of the Constitution must be discovered to determine the mischief sought to be cured. (e) The Court is entitled to consider how the law stood when the statute was passed, what the mischief was for which the old law did not provide and the remedy which has been provided by the new law. Hence, the Constitution is to be interpreted purposively and holistically and where a literal reading of the Constitution leads to absurdity, recourse must be made to the mischief which the law seeks to cure. It is important also, that we consider how the Courts have interpreted these provisions of the Constitution, although on dissimilar facts, as this will guide us on how the Courts are likely to interpret these provisions even though on a different set of facts. JUDICIAL DECISIONS ON SECTION 134(2) AND SECTION 299 The Court of Appeal in Okoyode v FCDA4 had cause to interpret Section 299 of the Constitution on whether the FCT was a State and in its decision stated that the FCT should be treated as one of the States in the Federal Republic of Nigeria. In essence, the question submitted to the Court was whether the Federal Capital Development Authority (FCDA) was an agency of the Federal Government of Nigeria. The Court in answer stated that the FCDA was an agency of the FCT which is a separate unit from the Federal Government and should rather be seen as a State and a separate administrative unit distinct from the Government of the Federal Republic of Nigeria. COPIED Point 2 Going by the analogy above. It's been established by a competent court of law that FCT should be considered as a state. Proving further, Mathematically. Getting 25% votes in Two third (⅔) of 36 State apart from FCT is 23.9 or 24 states approximately. But, Getting 25% votes in Two third (⅔) of 36 State (+), (and) including from FCT is 24.6 approximately 25 states Conclusion. Interpretation of the said constitution even prove further that wining or getting 25% in FCT is not a must. |
ballisticINFO:It's been established by a competent court of law that FCT should be considered as a state. Proving further, Mathematically. Getting 25% votes in Two third (⅔) of 36 State apart from FCT is 23.9 or 24 states approximately. But, Getting 25% votes in Two third (⅔) of 36 State (+), (and) including from FCT is 24.6 approximately 25 states |
AntiChristian:If you agree then scoring 25% in FCT is not a must then |
iSense247:The first petition lacks substance would be thrown out like a rocket leaving its launcher. Tinubu was never criminallly convicted of any crime of drug dealing, yes he was tried. The second petition has already been filed by Pdp in court case [/b]FHC/ABJ/CS/1734/2022[/b] before the election began. You can read up on it. The third petition lacks substance. Bvas was actually use to capture and upload results. There's no provision for electronic collation of results in our electoral act. The fourth petition has been settled in the court already. Read up on The Court of Appeal in Okoyode v FCDA4. The sixth petition is weighty and has substance. The seventh petition is very weak. I am not aware of any law says Inec must declare a candidate winner of an election by using the results on their electronic portal. This petition lacks technicality. The 8th petition is the dullest one. Does Obi want the whole electoral process to be suspended throughout the whole federation just because of an irregularity in some polling units? |
AntiChristian:The 13th state was the issue, which was Kano State. Shagari scored 243,423 votes, equivalent to 19.4% of the 1,220,763 total votes cast in Kano State. Even The Supreme Court later stated that the ruling decision on that case should not be cited as precedent and even in later years, apologised for the judgment. However, that is not even tenable under the current siege of 1999 constitution as amended. I have said to many people, two-third of Peter Obi's petition are gross abuse of court process because most of them have been tried already. |
AntiChristian:Lolzz. So you aggred that winning FCT is not a must ![]() |
AntiChristian:Firstly, the judicial proceeding you called upon was nothing but judicial miscarriage . That's why it was regarded as a day "law died in Nigeria" Secondly, You are misquoting the whole judicial process. The bone of contention then as declared by Chief Obafemi Awolo was never about the Federal capital but having less than one quarter of the votes cast at the election in each of at least two thirds of all the (19) states within the federation which Shagari did not have. And By the declared results agreed, Shehu Shagari got 25% of the votes cast in twelve (12) states; namely: Bauchi, Bendel, Borno, Cross River, Gongola, Kaduna, Kwara, Niger, Plateau, Rivers and Sokoto. The 13th state was the issue. It was Kano state – where Shagari scored 243,423 votes, equivalent to 19.4% of the 1,220,763 votes cast in total. That aside, that is not where I going. The issue as regards whether the Federal capital should be regarded as a State has been settled already. Read below JUDICIAL DECISIONS ON SECTION 134(2) AND SECTION 299 The Court of Appeal in Okoyode v FCDA4 had cause to interpret Section 299 of the Constitution on whether the FCT was a State and in its decision stated that the FCT should be treated as one of the States in the Federal Republic of Nigeria. In essence, the question submitted to the Court was whether the Federal Capital Development Authority (FCDA) was an agency of the Federal Government of Nigeria. The Court in answer stated that the FCDA was an agency of the FCT which is a separate unit from the Federal Government and should rather be seen as a State and a separate administrative unit distinct from the Government of the Federal Republic of Nigeria. |
AntiChristian:Lolz. Wtf!! You are using AI to interpret the constitution? Is that what Peter obi would present in Court? Can you tell the AI to interpret the ⅔ of 36 states and ⅔of 36 States and FCT? |
Section 134(2) that a candidate must (a) have the highest number of votes cast at the election; and (b) have not less than 25% of total votes cast in at least two-third of all the States in the Federation and the FCT, Abuja. What does the Constitution mean by 25% of votes in all the States in the Federation and the FCT, Abuja (FCT) and how should this be interpreted? These are the questions sought to be answered here. Before we proceed to review and give an interpretation to these provisions, we must bear in mind that the Constitution is not read and interpreted like any other book, there are rules for interpreting the Constitution and we will now examine same. RULES FOR INTERPRETATION OF THE CONSTITUTION In the 2022 decision of FRN v Nganjiwa3 the Supreme Court, while relying on some of its earlier decisions, reiterated the settled position on how to interpret provisions of the Constitution as follows: (a)Where the words of the Constitution are clear and unambiguous, a literal interpretation will be applied. (b) Where there is ambiguity in a literal interpretation, a holistic interpretation would be resorted to. (c) All sections must be read together and purposively so that no section is rendered redundant or superfluous. (d) If the words remain ambiguous, the intention of the makers of the Constitution must be discovered to determine the mischief sought to be cured. (e) The Court is entitled to consider how the law stood when the statute was passed, what the mischief was for which the old law did not provide and the remedy which has been provided by the new law. Hence, the Constitution is to be interpreted purposively and holistically and where a literal reading of the Constitution leads to absurdity, recourse must be made to the mischief which the law seeks to cure. It is important also, that we consider how the Courts have interpreted these provisions of the Constitution, although on dissimilar facts, as this will guide us on how the Courts are likely to interpret these provisions even though on a different set of facts. JUDICIAL DECISIONS ON SECTION 134(2) AND SECTION 299 The Court of Appeal in Okoyode v FCDA4 had cause to interpret Section 299 of the Constitution on whether the FCT was a State and in its decision stated that the FCT should be treated as one of the States in the Federal Republic of Nigeria. In essence, the question submitted to the Court was whether the Federal Capital Development Authority (FCDA) was an agency of the Federal Government of Nigeria. The Court in answer stated that the FCDA was an agency of the FCT which is a separate unit from the Federal Government and should rather be seen as a State and a separate administrative unit distinct from the Government of the Federal Republic of Nigeria. COPIED Point 2 Going by the analogy above. It's been established by a competent court of law that FCT should be considered as a state. Proving further, Mathematically. Getting 25% votes in Two third (⅔) of 36 State apart from FCT is 23.9 or 24 states approximately. But, Getting 25% votes in Two third (⅔) of 36 State (+), (and) including from FCT is 24.6 approximately 25 states Conclusion. Interpretation of the said constitution even prove further that wining or getting 25% in FCT is not a must. |
I have gone through Obi's petition and all I can say is 1. Some of it would be thrown out at the Tribunal for lack of substance 2. The remaining are gross abuse of court process because some of them have been tried in court before |
Hyperchi:You still don't get it, mere undergoing criminal charge is not enough to disqualify a candidate except if the candidate is criminallly convicted. |
Hyperchi:There are different types of forfeiture in US judicial system |
nnamdi640:There's a difference between forfeiture and conviction |
The first petition on the drug case is dead on arrival already. Tinubu was later cleared by the same US government on court case as contained here https://www.nairaland.com/7622631/copy-letter-us-which-cleared |
Point by point discussion. 1 Obi say Tinubu “was fined $460,000 for an offence involving dishonesty, namely narcotics trafficking imposed by the United States District Court, Northern District of Illinois, Eastern Division, in case no:93C 4483″ between the United States of America and Bola Tinubu. Meaning Tinubu was an alleged DRUG BARON. Anybody wey don pay fine to any govt for drug business no suppose contest for any election for Nigeria .( I go explain this more in my bullet) . 2.Obi say Tinubu no suppose to appoint Shettima as Vice because at the time wey he appointed Shettima , say the guy was still senator contesting for Borno and also at the same time contesting for Vice President. It was against the electoral act. Yet, INEC approve am . He submit evidence to prove am. So therefore Tinubu elections is void. 3. Obi say , them say for the electoral act dem go use BVAS upload and submit result , dem no do am . So therefore the election should be canceled. 4.Obi say the electoral act say to be declared President you must win at least two third of all state and and Abuja but say he no win am and even in Abuja he no score the 25% so no be for am. 5. Obi say the forensic evidence wey he get show say votes wey INEC record many pass the accreditation wey the Obi forensic do and that they have the evidence to prove it on so many states and if na so, the electoral law say the whole election would be canceled. 6. And say votes wey dem count for Tinubu for Rivers, Lagos,Taraba, Benue,Adamawa, Imo, Bauchi, Borno , Kaduna, Plateau, and other states of the Federation na Obi votes them give Tinubu and their forensic prove am. 7.Say INEC violate their own law by announcing Tinubu as President when them never upload result finish for their Portal. So it has to be canceled. 8. Obi say the law wey set up INEC say if Pooling agent see any wahala and report am , INEC suppose stop the election or cancel am until they address the issue of agents. But say dem no do am even as many polling agents and LP agent raised alarm of politicians forcing them to write fake results. Say he get plenty evidence to show. ©julaion Bluntcrazeman Ihordspy |
jimyjames:That's the beauty of democracy sir. You can't have it all |
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