Parachoko:
We go meet at the Court

Una go explain how Abuja people get two Head

Lol, and how it is most important to win only 25% in Abuja to validate 25% won in 24 other state…Total madness.

OBI people are real crazy people finding loopholes in the constitution to seize power through the back door. How can a state capital, not even a state be more powerful than 24 states combined.

SenatePresdo:
Its more like.

For you to pass WAEC, you must pass 5 subjects, and English language.

For you to win Presidential Election, you must have 25% in 24 states, and FCT.

The say that FCT is a state, is English not a subject??

We are impatiently waiting for them.

@senatepresido. Pls I want everyone of us as true Nigerians to b truthful in sutuations like this. If we are to use WAEC requirements, it says 5 subjects including maths and English not 5subjects and English. Pls get ur facts right. More reason why universities considered those five subjects when calculating postjamb results. In this election case, constitution says all d 36 federation states and fct. It cannot add abuja with states cos its only territory without capital and governor. So invariably, abuja is part of all federating units under consideration. Making it 37 federating units. 2/3 of 37 is 24.7 states. Statistically, u can't approximate a tangible phenomenon like state, age, no of people etc hence, 25% spread in 24 terroritories to be considered out of 37 territories.

If u need two-third of the boys and girls in a class for a task, including a girl in that team become compulsory and not optional

buharitill2023:
this is a perfect scenario,
At least idiotic pigs can understand this your layman explanation,
Because this people are too daft, even their bail and charge lawyers are more daft

Parachoko:
We go meet at the Court

Una go explain how Abuja people get two Head

You don't understand this thing, this loop hole was not put in the constitution by obi or Atiku
You should point fingers at the constitution and not them, constitution is constitution until changed

SenatePresdo:
Its more like.

For you to pass WAEC, you must pass 5 subjects, and English language.

For you to win Presidential Election, you must have 25% in 24 states, and FCT.

The say that FCT is a state, is English not a subject??

We are impatiently waiting for them.

Oil dey your head

SenatePresdo:
Its more like.

For you to pass WAEC, you must pass 5 subjects, and English language.

For you to win Presidential Election, you must have 25% in 24 states, and FCT.

The say that FCT is a state, is English not a subject??

We are impatiently waiting for them.

Your analysis looks interesting but will the court do the needful despite whatever risk is involved?

As a programmer, what baffles me.the most is that software developers who happen to be BATists are turning boolean logic upside down just to defend BAT. They will tell you that law is different from science. It doesn't hurt to at least admit the truth in public regardless of whether the truth stands or not.

When we were in secondary school, you are only promoted if you pass majority of your subjects and you dont fail English or mathematics. People pass other subjects but still repeated classes cos they failed either maths or English.

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

Mike Igini should be recalled to lead a new INEC, enough of all the nonsense from Mahmud

Pityoobi:
Lol, and how it is most important to win only 25% in Abuja to validate 25% won in 24 other state…Total madness.

OBI people are real crazy people finding loopholes in the constitution to seize power through the back door. How can a state capital, not even a state be more powerful than 24 states combined.

No heroin will rule that's all I know

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

It is the constitution that says it na, why are you pained?

SmartPolician:

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.

Oga go and read the entire petition. You won't be talking like this.

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

Nigeria constitution is confusing I swear and they did it intentionally to please themselves. Even since primary school, they let us knew we have 36 states, AND, FCT, which is Abuja. They should have rather let us know we have 37 states instead of 36 states.

Ogarexmas:


The two examples you gave can be interpreted differently
24+12=36
2/3 of 36= 24

1. The two third of that class is 24 which simply means you can decide to pick 12 boys and 12 girls
2. Two third of the boys is 16 and two third of the girls is 8.

So you see the confusion here is that anyone can ascribe his or her own meaning to the constitution and he/she will be considered correct.

It is only the supreme court that can clarify that [/b]and [b] so we know if it's compulsory to have 25% in the fct.

Judging from the past presidential elections they have all secured 25% in the fct. Buhari secured it in 2015 and 2019 for your information.

1. No Nigerian has emerged president without securing 25 percent of the votes cast in 24 states and the FCT. The process of securing these votes can be discussed whether they were rightly cast or rigged.

2. That, in its nature, is an attestation to the validity of that constitutional provision over time as an established and accepted framework.

3. The word “And”, in the manner of it wording in the constitution, is conjunctive. What that means is that it is an additional requirement.

4. Festus is wrong to assume that Yakubu has been appointed the prerogative to pick and chose how our laws should be interpreted based on his whims and caprice.

6. The best this Inec could have done, was to make a declarative statement before the elections in the manner allowed it by the constitution. You cannot change the rules in the middle of a game, and ultimately where the same rules do not appoint you the rights to do so.

In fact there is no loophole in the Constitution as far as this issue is concerned. It is clear from the Constitution itself, but they chose to be mischievous. Section 299 of the Constitution provides as follows:

"The provisions of this Constitution shall apply to the Federal Capital Territory, Abuja as if it were one of
the States of the Federation"

The Court of Appeal (full panel) interpreted this provision in one of its decisions to mean that the FCT should be treated as the 37th state of the Federation. see also the case of 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

Pityoobi:
Lol, and how it is most important to win only 25% in Abuja to validate 25% won in 24 other state…Total madness.

OBI people are real crazy people finding loopholes in the constitution to seize power through the back door. How can a state capital, not even a state be more powerful than 24 states combined.

Kog45:
Oga which spark u Dey wait for,guys don forget elections matter o...go to Ladipo,Alaba and computer village and see guys making money.

Forget wetin? You're joking. Nothing will be forgotten until the stolen mandate is restored.

webosky:


You don't understand this thing, this loop hole was not put in the constitution by obi or Atiku
You should point fingers at the constitution and not them, constitution is constitution until changed

The Northern military boys that handed us the fraudulent 1999 constitution gave Abuja an exclusive right, and we ought to have challenged this section of the constitution long time ago so they can remove it add a clear explanation that if a Presidential candidate gets majority of the votes cast and also gets 2/3rd of the 36 states and couldn't get 2/3rd in Abuja, that the person should be declared winner of the election hitherto.



If we had challenged this years back through our Southern lawmakers, we wouldn't be here fighting for nothing.



As it is, Tinubu didn't meet the requirements to be declared winner of the Feb 2023 Presidential election, unless the Election Tribunal Judges want to be blatantly bias and corrupt in giving that part of the 1999 constitution wrong interpretation just to uphold Tinubu's unmerited mandate.

But Section 299 of the Constitution provides as follows:

"The provisions of this Constitution shall apply to the Federal Capital Territory, Abuja as if it were one of
the States of the Federation"

The Court of Appeal (full panel) interpreted this provision in one of its decisions to mean that the FCT should be treated as the 37th state of the Federation. see also the case of[b] 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

00FFT00:


1. No Nigerian has emerged president without securing 25 percent of the votes cast in 24 states and the FCT. The process of securing these votes can be discussed whether they were rightly cast or rigged.

2. That, in its nature, is an attestation to the validity of that constitutional provision over time as an established and accepted framework.

3. The word “And”, in the manner of it wording in the constitution, is conjunctive. What that means is that it is an additional requirement.

4. Festus is wrong to assume that Yakubu has been appointed the prerogative to pick and chose how our laws should be interpreted based on his whims and caprice.

6. The best this Inec could have done, was to make a declarative statement before the elections in the manner allowed it by the constitution. You cannot change the rules in the middle of a game, and ultimately where the same rules do not appoint you the rights to do so.

Mindlog:


In real life, if one had 8 As and fail English language......that 8 As need to be investigated, how you take read pass those subjects?🤔

It's called ojoro or magomago

Formularcr7:
I don't think 25% in FCT will be a must because in future if we have 5 strong candidates, definitely none of them might have 25%. The 25% is only visible when we have few contestants

This your point will only be valid after that clause in the constitution is changed but as it stands now ...

Wow...what a brilliant reasoning. How far? Make I give you one cold Guinness?

Mindlog:


In real life, if one had 8 As and fail English language......that 8 As need to be investigated, how you take read pass those subjects?🤔

Ogarexmas:


The two examples you gave can be interpreted differently
24+12=36
2/3 of 36= 24

1. The two third of that class is 24 which simply means you can decide to pick 12 boys and 12 girls
2. Two third of the boys is 16 and two third of the girls is 8.

So you see the confusion here is that anyone can ascribe his or her own meaning to the constitution and he/she will be considered correct.

It is only the supreme court that can clarify that [/b]and [b] so we know if it's compulsory to have 25% in the fct.

Judging from the past presidential elections they have all secured 25% in the fct. Buhari secured it in 2015 and 2019 for your information.

But Supreme court have interpreted this same part some years back and explained that it is compulsory to get two third in Abuja to be declared President.



Former Attorney General of Nigeria, Aondoaka have explained this and it was Buhari that brought the case to Supreme court.

But Section 299 of the Constitution provides as follows:

"The provisions of this Constitution shall apply to the Federal Capital Territory, Abuja as if it were one of
the States of the Federation"

The Court of Appeal (full panel) interpreted this provision in one of its decisions to mean that the FCT should be treated as the 37th state of the Federation. see also the case of 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

SenatePresdo:
Its more like.

For you to pass WAEC, you must pass 5 subjects, and English language.

For you to win Presidential Election, you must have 25% in 24 states, and FCT.

The say that FCT is a state, is English not a subject??

We are impatiently waiting for them.

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.

There is actually a Supreme Court precedent on the FCT issue.. case was decided I think in 2008

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

Child of hate, don't spread hate, the constitution says so, why hating?

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.

That is what the constitution says na

Throwback:


They gave it And because it is not a state but a member component of Nigeria's geography. No comma before the and to make it a seperate consideration.

As it cannot be mentioned as a state, it has to be mentioned by its own name.

So in total, 37 geographical components.

You are simply brilliant and quite logical. Keep it up

This is a matter of law, not just semantics. Section 299 of the Constitution provides as follows:

"The provisions of this Constitution shall apply to the Federal Capital Territory, Abuja as if it were one of
the States of the Federation"

The Court of Appeal (full panel) interpreted this provision in one of its decisions to mean that the FCT should be treated as the 37th state of the Federation. see also the case of 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

Sheggy13:

Sincerely, I'm shocked at that FCT 25% nonsense. Are they saying if you win in all 36% states of the Federation and refuse to get 25% in FCT then you shouldn't be declared President. Where's the sense in that. I'm surprised the use of "and" conjunction and concord in basic English is seriously causing problems for so-called senior lawyers.

Somebody should please answer if these two scenarios are the same:
There are 24 boys and 12 girls in a class.
1. I need two-third of the boys and girls in this class for a task.
2. I need two-third of the boys and two-thirds of the girls, in this class for a task.

Then compare these scenarios with how that section in the constitution was written and see which one fit. There you have your answer.

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.

There is a court case that has settled this already. It is no longer an issue.

Section 299 Application of Constitution

The provisions of this Constitution shall apply to the Federal Capital Territory, Abuja as if it were one of the States of the Federation.

In the case of OKOYADE vs. FCDA The court held that:
"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"


This has been well decided and there is no room for disputing that under the constitution, the FCT is counted as a state.

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 (they cannot call it 37 states). However, 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.

I was thinking that if the FCT is a territory then there would only be appointments into offices ther however if on the contrary, then it should be regarded as a state to ( election into offices) fulfill the necessary political/electoral requirement to be President.

kuma007:
But Section 299 of the Constitution provides as follows:

"The provisions of this Constitution shall apply to the Federal Capital Territory, Abuja as if it were one of
the States of the Federation"

The Court of Appeal (full panel) interpreted this provision in one of its decisions to mean that the FCT should be treated as the 37th state of the Federation. see also the case of[b] 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

I lack the time to engage in academic discussion at the moment. But, take this with you, if you will. Please read to No. 2 and 3 of my submission again.

Now, Without prejudice to your idea of a 37th state, you may want to reference the relevant provisions of the same constitution where it declared what entity constitutes a state in the federal republic of Nigeria.

The question is, is there a reference from a previous ruling by the Supreme Court on this matter? If yes, then I think the Supreme Court interpretation in that judgement will determine the outcome of this case but if there is no reference, then the Supreme Court interpretation in this case will serve as reference to future similar case.

Someone mentioned that Supreme Court has ruled on similar matter like this in 2008 between Buhari and Yaradua, but he didn’t provide a source. So if someone has evidence to that case, he should provide it.