NaijaRoyalty:
you talk like an illiterate

Do you want to threaten Abuja people to leave Lagos ? Lol

no mind am - he thinks this is the animal kingdom where "might is always right"

e go shock tulumbu - this one wey global community don turn search light on the elections and tribunals - their lordship dont want to enjoy visa bans - where dem go go flex their money and go for medical check up? their body don dey old ooo

I don't normally log into my account on nairaland but I did this morning to like your comment and show you I respect your decision and hold you in high esteem. Thank you

SmartPolician:
That FCT 25% NONSENSE sounds absurd to me. FCT is often separated from the 36 states because it's a territory, not a state. As far as the election is concerned, FCT is like every other state in the country.

BTW, if Peter Obi is hoping to use that as basis to upturn Tinubu's sham victory, then I am afraid he has no case against the Druggie because it won't work.

he has a very strong case oga, we know you so dont decieve us with sham and druggie that you use in your comment.

SmartPolician:
That FCT 25% NONSENSE sounds absurd to me. FCT is often separated from the 36 states because it's a territory, not a state. As far as the election is concerned, FCT is like every other state in the country.

BTW, if Peter Obi is hoping to use that as basis to upturn Tinubu's sham victory, then I am afraid he has no case against the Druggie because it won't work.

not just that boss,try read that petition, there are lots of things to use against him

SenatePresdo:
This exactly what will throw this country into and avoidable Flow of blood.

If they dare to overlook the Constitution of FCT 25%.

We are patiently waiting for the court, the tension don over mature.

Na spark we dey wait for.

You will kill yourself tire in imo, abia, enugu, ebonyi and anambra. No Yoruba man, south-south man or hausa man will die for your foolishness and greediness. Soldier will kill you tire.Bittered people

Piiggidiots amaka

So it's no more about massive rigging and non electronic transmission of results

Afonja2:
In other words, even if you win all the 36 states of the federation and you did not score 25% in FCT, you can not become a president?

You think the drafters of Nigeria constitution are so daft? What is the big deal about FCT that unless you win 25% of it's total votes, you can not be president?

Agbakoba and his ilks know they are just being mischievous. Senior Advocates of Nonsense

What's the big deal about English if you score 100 in all subjects and fail English you'll have to reseat to gain admission?

we go dey ok las las

MyMouth:

U dey mind them! So if someone wins almost all the states in Nigeria and did not have 25% in Abuja, he or she won't be president

Conversely, One demagogue in Abuja like Zakzaki, might just contest to scuttle democracy.

Imagine 1 candidate getting 85% votes in Abuja and Abuja alone.

There would be no handover.

In fact, a sitting president can ensure FCT is always rigged such that he continues in power.

A pass result in WASC or NECO requires 5 credits , INCLUDING English and Maths.

Anything short of this cannot be used to gain admission into any university in Nigeria.

Those who made the constitution of Nigeria (military appointees) viewed FCT as a cosmopolitan area and the nation's capital, and hence decided to make it mandatory to get 25% in the FCT as part of the constitutional requirement.

INEC's lawyers did not properly inform their people and that's why they did not effect their rigging machinery in the FCT. It will come back to bite them later.

Here comes Doctrine of Necessity Part 2.

abdul23:
So we in the FCT have this so much power.
On a second note it's ridiculous. How can Abuja be a compulsory requirement. It's too absurd. No where in the world that happens.

do you know what presidential democracy is ? we borrowed it from America

here in AMERICA it is not the person that gets the highest number of votes that wins the elections but who gets the most of the electoral college

Same thing with Nigeria - you win when you have a SIMPLE MAJORITY and 25% of 24 states AND -- AND --- AND ------- AND FCT

it is the law - we will obey it - thanks!

okuta007:



no mind am - he thinks this is the animal kingdom where "might is always right"

e go shock tulumbu - this one wey global community don turn search light on the elections and tribunals - their lordship dont want to enjoy visa bans - where dem go go flex their money and go for medical check up? their body don dey old ooo

continue to fool around

Afonja2:
In other words, even if you win all the 36 states of the federation and you did not score 25% in FCT, you can not become a president?

You think the drafters of Nigeria constitution are so daft? What is the big deal about FCT that unless you win 25% of it's total votes, you can not be president?

Agbakoba and his ilks know they are just being mischievous. Senior Advocates of Nonsense

I just pose your first question to ChatGPT (verbatim, without context), below is the AI's take. Maybe you will have to go and argue with ChatGPT.

I did a little research and I found this decision of the full panel of the Court of Appeal that FCT is like a state for the purpose of interpretation of the Constitution:
at the Court of Appeal (Abuja Division) a ‘Full Court’ (5 Justices) was empanelled, coram; Hon Justices; (Raphael O. Rowland JCA, Olufunlola O. Adekeye JCA (as then was) , Amina A. Augie JCA (as then was), Stanley S. Aloaga JCA (as then was) and Tijjani Abdullahi JCA). There were two main ratios pertaining the ‘status of FCT-Abuja in law’. For the benefit of doubt the ratios are as follows:

Whether the Federal Capital Territory is a “State” by virtue of the provisions of Section 299 of the Constitution of the Federal Republic of Nigeria, 1999, the court declared thus;

It seems to me that the first question in this matter that one should ask is whether the Federal Capital Territory is a “State” by virtue of the provisions of Section 299 of the Constitution of the Federal Republic of Nigeria, 1999. Section 299 provides thus – “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 matter aforesaid shall be read with such modification and adoptions as may be reasonably necessary to bring them into conformity with the provisions of this Section.” The above provision of the Constitution to my mind is very clear and unambiguous. It is trite that where a provision of statute is clear and unambiguous, only its natural meaning is to be given to its interpretation. See A-G., Abia State v. A-G., Federation (2002) 17 WRN 1; (2002) 6 NWLR (Pt. 763) 264 at 485 – 486, Texaco Panama Inc. v. Shell P.D.C.N. Ltd. (2002) 14 WRN 121; (2002) 5 NWLR (Pt. 759) 209 at 227 – 228, Tasha v. U.B.N. Plc. (2003) 36 WRN 64; (2002) 3 NWLR (Pt. 753) page 99 at 106, O.A.U. Ile-Ife v. R. A. Oliyide and Sons Ltd. (2001) 7 NWLR (Pt. 712) page 456 at 473, Akpan v. Umali (2002) 23 WRN 52; (2002) 7 NWLR (Pt. 767) page 701 at 729.

It is therefore doubtless clear that by virtue of Section 299 of the Constitution of the Federation, the Federal Capital Territory is in law a State. In others words the Federal Capital Territory should be treated as one of the States in the Federal Republic of Nigeria. It follows therefore that bodies like the Federal Capital Development Authority are to be regarded an agency of “a State” independent of the Federal Government. It would appear that the only relationship existing between the Federal Government and the Federal Capital Territory is that its executive and legislative powers and duties are exercised for it by the President through the Minister of the Federal Capital Territory and the National Assembly respectively. From the provision of Section 299(a), where the President through the Minister of the Federal Capital Territory Acts, he does so as a Governor of a State, so also where the National Assembly legislates for Abuja it does so as a State House of Assembly. See Fawehinmi v. Babangida (2003) 12 WRN 1; (2003) 3 NWLR (Pt. 808) page 604 where the Supreme Court endorsed the status of Federal Capital Territory as a “State” of the Federation. At page 677 the Supreme Court per Onu, JSC held as follows- “Returning to the case in hand, the power to make a law under the 1999 Constitution for the establishment of a Tribunal of Inquiry is now a residual power, which only the States can exercise. The National Assembly can only pass such a law in regard to the Federal Capital Territory, Abuja. Thus, while the Commission of Inquiry Act Cap, 447 is an existing law, it has no general application to Nigeria. It is only applicable to the Federal Capital Territory a law deemed enacted by each House of Assembly for the respective States.” I hold the strong view that the intendment and general purpose of the Constitution of the Federal Republic of Nigeria particularly its Section 299 is that the Federal Capital Territory should be a separate administrative unit distinct from the Government of the Federal Republic of Nigeria. This is the position in reality. For example the Abuja Environmental Protection Board is an agency created for the development, enhancement and beautification of Abuja environment while the Federal Government has a similar agency called Federal Environmental Protection Board. Section 5(e) of the Abuja Environmental Protection Agency Decree No. 10 of 1997 provides as one of the objectives of the board to “co-operate with the- Federal Environmental Protection Agency and such other States, Environmental Protection Agencies to achieve effective prevention or abatement of trans boundary movement of wastes.” It seems to me that the above provision further confirms the status of Abuja as a separate administrative unit distinct from the Government of the Federation. I consider Section 301 of the 1999 Constitution to be very germane to the subject matter. Section 301 reads- “Without prejudice to the generality of the provisions of Section 299 of this Constitution in its application to the Federal Capital Territory, Abuja, this Constitution shall be construed as if – (a) references to the Governor, Deputy Governor and the Executive Council of a State (howsoever called) were references to the President, Vice President and the Executive Council of the Federation (howsoever called) respectively; (b) references to the Chief Judge and Judges of the High Court of a State were references to the Chief Judge and Judges of the High Court, which is established for the Federal Capital Territory, Abuja by the provisions of this Constitution” From the above provisions of Section 301 of the 1999 Constitution, it is my view that all institutions created for the Federal Capital Territory only carry the appellation “federal” while in the real sense they are State agencies because they are institutions meant for the Federal Capital Territory as a State. I must say it loud and clear again that from the provisions of Section 299 of the Constitution one should not be left in doubt: (i) That the provision of the Constitution shall apply to the Federal Capital Territory, Abuja as if it were one of the States of the Federation. (ii) All legislative powers, executive powers and 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 the Courts established under the Federal Capital Territory. From the foregoing provision of Section 299(a) of the Constitution, if the legislative powers to make laws for the Federal Capital Territory lies in the National Assembly, the executive powers lies in the President, then the judicial power to interpret and adjudicate on matters relating to federal matters also lies in the Federal Capital Territory High Court. Therefore, I hold the strong view that the High Court of the Federal Capital Territory has jurisdiction to entertain suit of two dimensions: (a) Suits in which agencies of the Federal Government are not parties – Section 257(1) and Section 259(1) of the Constitution. (b) Suits in which agents of the Federal Government are parties and agencies of the Federal Capital Territory. –Per RAPHAEL OLUFEMI ROWLAND ,JCA (Pp. 7-13, para. A-A)-underline added

As to interpretation of Section 299 of the 1999 Constitution (as amended) with respect to status of the Federal Capital Territory as a separate administrative unit distinct from the Government of the Federal Republic of Nigeria the court held as follows;

Section 299 (1) of the Constitution of the Federal Republic of Nigeria, 1999 provides thus:- “299 (1) 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 vested in the House of 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. The provisions of Section 299(1) a – c, stated above are clear and unambiguous and one does need any aid to interpret same. In the case of Texaco Panama Inc. v. Shell P.D.C.N. Ltd. (2002) 14 WRN 121; (2002) 5 NWLR (Pt. 759) page 209 at pages 226 – 227, the Apex Court, when faced with the problem of interpreting the word “any” in a statute held thus:- “It is now settled that the cardinal principle of interpretation of statutes is that where the ordinary plain meaning of the words used in a statute are very clear and unambiguous, effect must be given to those words without resorting to any intrinsic or external aid. The duty of the Court under those circumstances is to interpret the words strictly giving them their intended meaning and effect.” See the following cases:- (i) A-G., Abia State v. A-G., Federation (2002) 17 WRN 1; (2002) 6 NWLR (Pt. 763) page 264 at 485 – 486. (ii) O.A.U Ile-Ife v. R. A. Oliyide and Sons Ltd. (2001) 7 NWLR (Pt. 712) page 456. (iii) Akpan v. Umah (2002) 23 WRN 52; (2002) 7 NWLR (Pt. 767) at 707. I am of the considered view that the natural meaning to be given to Section 299 of the Constitution of the Federal Republic of Nigeria, 1999 is that the Federal Capital Territory should be a separate administrative unit distinct from the Government of the Federal Republic of Nigeria. I further add that every institution created for the Federal Capital Territory only carry the appellation Federal while in the real sense they are State Agencies because they are institutions meant for the Federal Capital Territory. -Per TIJANI ABDULAHI ,JCA (Pp. 48-50, paras. D-E) –underline added

NaijaCowFarm:
Does Nigeria constitution regard FCT as a state? No!

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 each of at least two-thirds of all the States in the Federation and
the Federal Capital Territory, Abuja.

. And is the problems here

I can't stop laughing so because Obi the trader won in FCT he should be declared winner, o trust APC supreme court will fine tune this argument.

Afonja2:
In other words, even if you win all the 36 states of the federation and you did not score 25% in FCT, you can not become a president?

You think the drafters of Nigeria constitution are so daft? What is the big deal about FCT that unless you win 25% of it's total votes, you can not be president?

Agbakoba and his ilks know they are just being mischievous. Senior Advocates of Nonsense

Agbakoba is IPOB..

KanwuliaExtra:
And MADMOOD refused to answer.

even the one he answered about uploading result was it fulfilled? No

SmartPolician:
That FCT 25% NONSENSE sounds absurd to me. FCT is often separated from the 36 states because it's a territory, not a state. As far as the election is concerned, FCT is like every other state in the country.

BTW, if Peter Obi is hoping to use that as basis to upturn Tinubu's sham victory, then I am afraid he has no case against the Druggie because it won't work.

FCT is where the President will reside and the administrative headquarter. No one is saying he should win FCT but get at least 25% in FCT and 24 states. AND was specified. FCT is not a state and has a special mention on the issue

abdul23:
So we in the FCT have this so much power.
On a second note it's ridiculous. How can Abuja be a compulsory requirement. It's too absurd. No where in the world that happens.

You don't mind those people. Lawyers like do academic exercise in the court. There's nothing like score 25% in our constitution either in letter or spirit.

Racoon:
Even the ever forthright and uncompromising retired INEC REC-Mike Igini told them but they don't want to hear.

I tire... very nonsensical thinking...

So Abuja na special state pass Washington D.C sef

NaijaRoyalty:


Do you want to threaten Abuja people to leave Lagos ? Lol

What are you trying to say 🤡? 😕😕

voltron14:


Conversely, One demagogue in Abuja like Zakzaki, might just contest to scuttle democracy.

Imagine 1 candidate getting 85% votes in Abuja and Abuja alone.

There would be no handover.

In fact, a sitting president can ensure FCT is always rigged such that he continues in power.

no you have not read the constitution - if that happens and Zak Zaki wins FCT - he will now go into a run off

IF in the run off he fails to win the simple majority - the FCT votes will no longer count - whoever gets the SIMPLE majority votes

at that run off wins the elections - the crafters of the constitution anticipated this

dont make it look hard - this is why NIGERIA is backward - we find it so hard to obey simple laws and allow illegality to thrive

but will not see it as hard praying everyday for 4 years and fasting endlessly - lets do the right thing - that is why AMERICA and UK is great

They do the right things no matter how difficult it is - ok ?

NaijaCowFarm:
Does Nigeria constitution regard FCT as a state? No!

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 each of at least two-thirds of all the States in the Federation and
the Federal Capital Territory, Abuja.

Are you a lawyer? If this was the intent of the draftsmen of that section, they would have simply said "two-third of total votes cast across (in the whole) the country.

The jurisprudencial basis of specifying the "states and FCT" is for a majority of the citizens of those states and FCT to have ample say, interest (or what we call capital in credit terms), in the election of their national leader. If state A did not cast up to two-thirds, and state B does, state A simply didn't want the leader to steer their wheel of governance at the centre and true democracy entails that this be simply considered.

SmartPolician:
That FCT 25% NONSENSE sounds absurd to me. FCT is often separated from the 36 states because it's a territory, not a state. As far as the election is concerned, FCT is like every other state in the country.

BTW, if Peter Obi is hoping to use that as basis to upturn Tinubu's sham victory, then I am afraid he has no case against the Druggie because it won't work.

Legally speaking, no candidate would be seen as having met the requirements to be declared a winner if they fail to satisfy the FCT threshold...

The law doesn't operate on supposition and emotion but its spirit and letters.

SenatePresdo:
This exactly what will throw this country into and avoidable Flow of blood.

If they dare to overlook the Constitution of FCT 25%.

We are patiently waiting for the court, the tension don over mature.

Na spark we dey wait for.

Shut the Bleep up already.

And no, orgy kaalu wont be senate President simply because he is a yamree.

person.

theforemost:


You are a MUMU and not a lawyer.
Ask your self if FCT didn't meet the requirements of being referred to as a state when it has all govermental council's like that of a state and they being elective.

And also, taken apart " ....25% ..." in the FCT determining the winner , would be giving the power to FCT, over and above ALL 36 states put together.
Meaning;
One who loses power of highest vote and not attain 25% but despite not having all these requirements but only wins 25% in the FCT would still be declared the winner??

FCT is the seat of power

All states have houses in FCT and as a result represented in FCT.
most federal offices and ministries are in FCT.

FCT is not like any other state.

Yes
FCT is also a state

SenatePresdo:
This exactly what will throw this country into and avoidable Flow of blood.

If they dare to overlook the Constitution of FCT 25%.

We are patiently waiting for the court, the tension don over mature.

Na spark we dey wait for.

If you shed blood, you ll only scatter things n you may lose more. Federal power + lots of more support base for Tinubu ll defeat you. I m partisan but truthfully, Obi couldn't get the highest no of votes due to the northern votes. Atiku sef beat him to clinch second

IVORY2009:



The problem with INEC is that they don't listen, two highly respected legal personality in the country Mike and Olisa had told them ahead of time about the 25% issue but they kept mute, now the matter is before the court, less see how they would go about this.

how Inec go listen when Asiwaju don pay them money that could buy a private jet

Parachoko:
We go meet at the Court

Una go explain how Abuja people get two Head

You go tell us for court why Abuja no get him own governor and house of assembly, too.

SenatePresdo:
This exactly what will throw this country into and avoidable Flow of blood.

If they dare to overlook the Constitution of FCT 25%.

We are patiently waiting for the court, the tension don over mature.

Na spark we dey wait for.

Flow of blood on Nairaland.

Easier said than done.

If you have ever seen where blood spilled, you will not wish for it to flow.