IyaebeTheGreat:
There’s no need to drag anything at this point

FatherOfJesus:
Olisa Agbakoba, a senior advocate of Nigeria (SAN), has asked the Independent National Electoral Commission (INEC) to clarify section 134 of the 1999 constitution (as amended) which specifies the requirements for a candidate to be declared winner of a presidential election.

Section 134 of the 1999 Constitution provides as follows:

1) A candidate for an election to the office of President shall be deemed to have been duly elected, where, there being only two candidates for the election:

(a) he has the majority of votes cast at the election; and

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(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) A candidate for an election to the office of President shall be deemed to have been duly elected where, there being more than two candidates for the election:

(a) he has the highest number 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.

Although commending INEC for their “great job to ensure free, fair, verifiable, credible and transparent elections”, Agbakoba said the clarification was needed.

“I am a little worried,” he said.

“I reviewed section 134 carefully, specifically, subsections 134 (1) (b) and (2) (b), and wondered if “two-thirds of all the States in the federation and the federal capital territory, Abuja” means either of the following:

“a) that a presidential candidate must score 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 which means 24 states, the 24 States will include the federal capital territory Abuja as a “state”, or

“b) that a presidential candidate must score 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 which means 24 states and in addition to meeting the one-quarter requirement in 24 states, a candidate must also win one-quarter of the votes cast in the federal capital territory, Abuja.

“In this sense, a presidential candidate must have one-quarter of the votes cast in the federal capital territory, Abuja, in addition to scoring not less than one-quarter of the votes cast at the election in 24 States of the Federation, to be duly elected.”

The former president of the Nigerian Bar Association (NBA) added that there are three major questions arising from his interpretation.

“(1) Is the requirement that a presidential candidate must score not less than one-quarter of the votes cast at the election in each of at least two-thirds of the 36 States of the Federation; does this mean that the Federal Capital Territory, Abuja is incorporated in the 24 States?” the statement reads.

“(2) Is the requirement that a presidential candidate must score not less than one-quarter of the votes cast at the election in each of at least two-thirds of the 36 States of the Federation; does it mean that the presidential candidate must also score not less than one-quarter of the votes cast at the election at the Federal Capital Territory, Abuja?

“(3) Can a candidate that scored not less than one-quarter of the votes cast at the election in 36 States of the Federation but fails to score one-quarter of the votes cast at the election at the Federal Capital Territory, be duly elected as President of Nigeria?

“Finally, Section 134(1)(a) provides that a candidate for an election to the office of President shall be deemed to have been duly elected, where, there being only two candidates for the election, the candidate has the majority of votes cast at the election, but Section 134(2) provides that a candidate for an election to the office of President shall be deemed to have been duly elected where, there being more than two candidates for the election, the candidate has the highest number of votes cast at the election. The Constitution describes the winner in two different languages.

“One, the winner must score the majority of votes and the other, the winner must score the highest number of votes. This is confusing.

“To be honest, I am not quite sure of the right answers to my questions. I just thought to bring this to your attention as something you might wish to clarify to the public.”

bazoodo:
Nah it's simple. The FCT isn't counted as a state. You just need 25 percent in 25 states

Midehi3:
They will still rig this one, watch

Bestmanfornow:

You're ignorant

Section 134 of the Constitution provides as follows:

(1) A candidate for an election to the office of President shall be deemed to have been duly elected, where, there being only two candidates for the election –

(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) A candidate for an election to the office of President shall be deemed to have been duly elected where, there being more than two candidates for the election-

N3TRAL:
Section 299 of the Constitution states that for the purpose of the constitution, the FCT is regarded as a State .


Which means 37 states.

N3TRAL:
Section 299 of the Constitution states that for the purpose of the constitution, the FCT is regarded as a State .


Which means 37 states.

NOTORIOUS100:

Keep deceiving yourself.

The Election is going to "re-run for 21 days".

-INEC

IyaebeTheGreat:
There’s no need to drag anything at this point , let’s just pray for a better Nigeria

Bestmanfornow:

You're ignorant

Section 134 of the Constitution provides as follows:

(1) A candidate for an election to the office of President shall be deemed to have been duly elected, where, there being only two candidates for the election –

(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) A candidate for an election to the office of President shall be deemed to have been duly elected where, there being more than two candidates for the election-

duro4chang:
You are doing a good job. I wish we were all like you

bazoodo:
Nah it's simple. The FCT isn't counted as a state. You just need 25 percent in 25 states

N3TRAL:
Section 299 of the Constitution states that for the purpose of the constitution, the FCT is regarded as a State .


Which means 37 states.

FatherOfJesus:
please kindly explain.

I swear, I no hear English. What does this mean in clear term?

Sunmolar:
Was FCT given a special status in the electoral law?

IyaebeTheGreat:
There’s no need to drag anything at this point , let’s just pray for a better Nigeria

DMerciful:
You're a learner. You need FCT

bazoodo:
then it becomes more difficult. Why then state FCT explicitly when you have declared it as a state for the purpose of the constitution??

MrColdsweat:


And what problem has prayers solved in africa?

N3TRAL:


The constitution is the law here. section 299 gives it the status of a state for the purpose of interpretation of the constitution.

N3TRAL:
Section 299 of the Constitution states that for the purpose of the constitution, the FCT is regarded as a State .


Which means 37 states.