₦airaland Forum

KanwuliaExtra:
WHY SPEND ALL THAT EXPLOSIVE BUDGET FOR BVAS?

They could have used THE USUAL MANUAL VOTING TECHNIQUE. . .

Pure rubbish!

You think Nigerians went to get PVCs to do MANUAL VOTING?

Ridiculous.

INEC officials that were busy TIPEXING collation sheets!

When LAGOS State was LOST. . . APC went to work!

Serve it hot hot! No mercy!

VoteTinubu2023:
This propaganda has gone far for too long.

Stop.

It's not a propaganda. No leading candidate has ever gotten less than 25% in FCT in 23 years. You guys should prepare your minds.

INEC will never tamper with the constitution except they are raving mad now.

Himtulie247:
E go Shock you !

That's the law. Disregard Falana. INEC dare not mess with the constitution. That's a no go area.

.

IyaebeTheGreat:
That law does not apply here. Is Abuja a state?

Falana says it it.

But section 299 reads: "as if it were a state"

Sha follow section 134. Let APC go to the supreme court for interpretation. Falana nor be Supreme Court.

Charles545:
Thank you for the response

UWc

IyaebeTheGreat:
There’s always a first time. Please shun violence.

I support your stance and your other posts I've seen. Well done.

However there's pressing issues that has to be addressed for Nigerias stability. Will INEC interpret the law as Falana said or as the law is written.

Issues like this are what brings about a speedy closure or prolonged engagement.

lebienconnu:
Okay.

Against all odds Emi Lo kan.

No lele

Intrepid01:
@NothingDoMe this is what I was talking about. It is never a requirement .

I read what Falana said even before today. My points below still stand:

1. Section 299 says Abuja should be treated as if it were a state. Not that Abuja is a state.

2. This law(134) has never been tested in 23 years so Falana has no reference point.

3. Section 299 does not overwrite Section 134. If it did there would be references in the law linking them both together.

4. Even if Abuja is now a state according to 299, it doesn't change 134. As long as 134 still says :"and FCT" then that is the law.

5. It is not INEC's job to argue about the law but follow it as it is written. The Supreme Court interpetes the law not Falana.

This is why I earlier said that APC should have gotten an interpretation of the law before the elections. Falana decided that 299 overwrites 134 but it doesnt work like that. He has no right to change the law. Only the Supreme Court has the jurisdiction over this matter.

Intrepid01

Emmy909:
Everyone don turn press ,

Stop spreading fake news

It's correct. That's channels TV. Collation has been suspended.

livinbygrace:
Oga ,make you Go Dey read your section section to INEC

Dunno why agberos always like to scatter places where decent people are trying to vote or have a convo.

Justhere:
the re-run is for two candidate,
majority winner(TINUBU) and one(?)

The second person I'm not sure of.

Charles545:
Please for the sake of clarity.
How did you arrive at 25%, did the Constitution expressly mentioned the "25%"?

Section 134 of the constitution states that a candidate will be declared winner of a presidential election if he has “(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

One quarter sir.

livinbygrace:
As they have proved that it’s not compulsory to win FCT now,Una don start with another allegation.
Make Una continue

Who proved that 25% is not needed in the FCT? Where's the reference case? Did you approach the supreme court for clarity before elections?

Who is responsible for the interpretation of the law?

lebienconnu:
These comments are so annoying. Nigerians are known to be intelligent people. Even Falana likewise all lawyers on the forum has educated you guys that 25 % in Abuja is not compulsory as far as the candidate has 25% in 25 states and you guys remain obstinate. FCT has a state status.

So If I win all states in the federation and score 0 % in Abuja then a rerun must be declared? No.

Again, Falana has no reference that he can quote because it has never happened in 23 years since the constitution of 1999.

Only the supreme court can clarify this law. Not Falana. You gerrit?

Kelvin3476:
MORE THAN 30% BRO.
10% TO 200K EQUALS 20,000 , 20% EQUALS 40,000 VOTES AND 25% EQUALS 50,000 VOTES WHILE HE RIGGED OVER 90K VOTES

Lol this your maths is somehow 😄

Treadway:
what you typed now is inaccurate. We don't say that. We say 36 states and the FCT

36 states including FCT is different from 36 states and the FCT

Spot on!

Vickho:
when did this whole 25% rubbish started??

Now bro. No leading aspirant has ever had less than 25% in the FCT in 23 years. Until today. Until Tinubu.

isan:
maybe it's even Tinubu that advice buhari to send soldiers to lagos to curb violence when he's declare winner of the election but everybody including Reno omokri thought it's to stop Tinubu from buying votes

No. Lagos is flash point. FG knew Tinubu would not win based on Intel. Agberos would definitely go on rampage as they did. Reducing the margin of win helped to curb the violence but you can see the hateful speeches on nairaland.

Lagos is also the headquarters of End Sars.

FOWSkill:
Yes, it mandatory, if INEC announces any of Atiku or Tunibu as the winner of this election it will be unconstitutional because it is stated in the Constitution that for a candidate to be duly elected, he must secure two-third of the vote across the federation AND THE FCT.

WINNING THE FCT IS AND WHICH MEANS IT COMPULSORY

Correct! It's really simple. All those who don't agree never quote the law because they never read it!!!

sat70:
Including the FCT only meant FCT is also a state. No law says you must compulsory have 25% in the FCT

Lol. Let's be specific and quote relevant laws:

Section 299: 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

(c) the provisions of this Constitution pertaining to the matters aforesaid shall be read with such modifications and adaptations as may be reasonably necessary to bring them into conformity with the provisions of this section
More: https://jurist.ng/constitution/sec-299


If you see the bolded you'll see the correct terminology: as if it were a state. Now Section 134 predates Section 299 and there's no point of reference linking them.

When I say point of reference I mean words like "subject to section 299 or subject to 134" These words are supposed to link the sections to each other.

SmartyPants:
https://www.vanguardngr.com/2023/01/winning-fct-not-requirement-for-winning-presidency-falana/

When you lack technical knowledge, pay attention to those who know what they're talking about.

Hope you will be bold enough to come back and acknowledge this by the end of the day?

This law has never been tested. Only Tinubu has fallen short. So Falana has no point of reference .

Only the supreme court can clarify this law. Like I said I'm excited because it's a historic moment. I've always been curious about this law.

rhymesnoni:
Oga the constitution stipulates that a Candidate must get 25% in 25 State and the FCT

What this means is that you must get 25% in 25 states of the federation and/or FCT Being that FCT is not a State, but the federal Capital of Nigeria,

What i bolded in your comment is not in the constitution there's no and/or.

And FCT. It's really really simple.

We've never had cause to test this law since OBJ took over in 23 years. No leading aspirant has fallen short. Even Buhari did not fall short even though he lost to atiku.

I'm really excited to see how it plays out.

SmartyPants:
Yes, indeed it's plain English.

"Go to the store and bring me 100 apples and oranges."

How many items will you bring back? 200?

As the day goes on it will be made clearer to you.

Huh? Your analogy makes no sense. If the law says 2/3 of states then 2/3 of states it is.

But the law went ahead to add: "And FCT"

That's the problem. Like I said earlier this is the first time a leading aspirant will fall short of the 25%. So this law has never been tested.

Let's see how it goes 😄

Intrepid01:
Lol he doesn’t have to win FCT…all he needs is 25%!in 24 states across the nation.

Funny how everyone saying he doesn't need 25% never quote the actual law:

Section 134 of the constitution states that a candidate will be declared winner of a presidential election if he has “(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

sat70:
When you are filled with hate. You Gail to understand simple English

“We have 36 states of the federation and two-thirds of that is about 25. So, if you are a presidential candidate, you must have 25 percent of the total votes cast in at least 25 states of the federation before you are declared [winner]. If nobody has that, if the candidate with the highest number of votes still fails to have the required 25 percent, there will be a rerun election,”

This is a nice analysis but you can't make up your own laws.

This is the law:
Section 134 of the constitution states that a candidate will be declared winner of a presidential election if he has “(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

It's looks petty but that's the law. No leading candidate has gotten less than 25% until today. So we'll see if INEC will overrule it like it overruled itself on the use of BVAS.

SmartyPants:
Wrong. The Law does not say you must win 25% in the States and then 25% of the FCT.

You must win 25% of the States and the FCT put together. Anyway you will understand better as the day goes on.

State the law. We debate a lot here without quoting the actual law.

Section 134 of the constitution states that a candidate will be declared winner of a presidential election if he has “(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

2/3 of the States and the FCT. It's in black and white. This is the first time a leading presidential candidate is falling short of the 25%.

Honlucas:
As a lawyer no rerun .
FCT is counted as a state

That's not the point. The law says states and FCT. There's no clause for options.

Also, about FCT being a state. The law did not make FCT a state. The law clearly stated that FCT will behave as if it were a state. Read again.

Roboto11:
Mumu people including Agbakoba.

So a candidate would be so popular in Abuja and Abuja alone such that he gets 90% vote.

Those that won across the country would now embark on a runoff simply because of this reason and this makes sense to reasonable people?

That's the law. Whether it is common sense is another matter.

Ajisebioyolaari:
Not lesser than 20%. There will be no rerun. The provision of the constitution is clear

There will be a rerun. Winner must get 25% in FCT. It's in black and white.

Proudlyomonna:
The Capital is already boiling,they should be Wise not to hit up the polity but ofcus the desperate thieves with their structure of criminality are desperate and will go any length,but they are in for a shocker
All man don wise up oo.

Hmmm.