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.

Look at it from another perspective.
The President is the governor of the FCT via his minister.
How can he then govern a territory he did not win?
That clause has been interpreted before now by the supreme Court.

helinues:
Charge and bail lawyer

Chief almajiri of the west, you never disappoint!

reddingtonblack:



E warrior all they know how to do is make mouth online, naa one bullet Nigeria army owe any youth that want to die for Obi ... but people like you na under bed yu go hide misleading others clowns

lol. When soldier begin ise dem for target practice, they will start to cry victimization.

otomatic:


Look at it from another perspective.
The President is the governor of the FCT via his minister.
How can he then govern a territory he did not win?

The president is the leader of Nigeria.

FCT is one territory in Nigeria's 37 states (if you will).

The FCT minister is the governor of Abuja appointed by the President.

You people should stop twisting the constitution.

2tpick:
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.

You can only compare like for like. Apple and Mango are fruits but quite different.

Why comparing WAEC to Nigeria constitution? Is that how you do modelling in programming?

Whenever there is ambiguity in our laws, it is ONLY the court that can interprete that section of the law. Just wait for the Supreme Court to determine this.

SmartPolician:


The president is the leader of Nigeria.

FCT is one territory in Nigeria's 37 states (if you will).

The FCT minister is the governor of Abuja appointed by the President.

You people should stop twisting the constitution.

The President governs Abuja by delegation to the minister (who is an appointee and was not voted in but serves at the pleasure of the President).
Nigeria has 36 states not 37.
Nobody is twisting constitution.
We are looking at facts not emotions.

In simple a layman's term.

The same way you recited "36 States and the capital is the same way the FCT is regarded as a State in this context.

The FCT has a member in the Senate so its to be numbered as a State although it's just a capital.

Thus for clarity, it's 37 States.

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.

You are ignorant of the law.
Fct is a territory and not a state, a president is the governor of the fct. How will he govern a place where the overwhelming majority don't want him?
The constitution envisaged this and made provision for a run off where the winner is simply who wins the majority votes and 25% does not apply.

helinues:
Charge and bail lawyer

You are calling a whole former NBA president a charge and bail lawyer. You need to examine your head bro. Even Tinubu's children can't be as wild as you.

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.

møron, the law should have used "of the federation and the fct" instead of "in the federation and the fct"

The Constitution is very clear the status of FCT as a State and this has been affirmed by the Supreme Court, whose judgement has a binding effect of all other courts and tribunal acting in a judicial capacity in Nigeria. This issue has been laid to rest by the Supreme Court. The Supreme Court is FINAL!

00FFT00:


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.

Supposing Abuja is regarded as a state. Then what is the 2/3 of 37. Definitely not 24. Meaning that the drug lord still didn't meet the requirement by law.

okuta007:


why you no say make who lose popular vote for US presidential election but win electoral college no enter white house ?

you smoke shit abi ? when it is convenient - you compare USA with Nigeria - when it is inconvenient - you tell them to leave us alone

Na so dem dey take cane flog people wey won go vote for opposition party for America ? na so dem dey snatch ballot box for America

Na so dem dey use megaphone warn people wey no won vote for the party in power to stay at home - ? your fada

Go and read and stop embarassing yourself...

NOBODY cares about popular vote in the US... two third isn't even a term used in US elections. The electoral college sef is just a ratifying body.

The US uses a POINTS System each state has allocated points and once you get to a certain score you have won because no one else can catch up. That is why US Networks CALL the winner of an election 5 days before official announcement by the E.C.

Ignorance na disease

kuma007:
The Constitution is very clear the status of FCT as a State and this has been affirmed by the Supreme Court, whose judgement has a binding effect of all other courts and tribunal acting in a judicial capacity in Nigeria. This issue has been laid to rest by the Supreme Court. The Supreme Court is FINAL!

Can you post a copy of that SC judgement or a like to it.
Thank you

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

coleon:

You are ignorant of the law.
Fct is a territory and not a state, a president is the governor of the fct. How will he govern a place where the overwhelming majority don't want him?
The constitution envisaged this and made provision for a run off where the winner is simply who wins the majority votes and 25% does not apply.

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.

Nigerians in Abuja get 2 heads each compared to Nigerians from 'non-Abuja' territory?

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

so if a presidential aspirant win outright majority in all 36 states but didn't get 25% in Abuja he won't be president?
dey play, just they play

just so you know, the minister of state for FCT is the 'governor' for FCT territory, the president remains the fucking president and nobody's governor

SenatePresdo:


Go and ask WAEC how English language take get two head, for them to say you must pass it before you pass your WAEC.

If you get 8 A's in WAEC and fail English, you failed.

English language is to WAEC what FCT is to Presidential Election, una go dey alright Las Las

The key phrase, "And the FCT"

If FCT is a state, why would they have to add the conjunction, and?

They gave it an exclusivity, hence the And

We are waiting for them!!

Waec categorically put Maths and English as Compulsory Subjects.


Is there anything as 25% in FCT is compulsory in the constitution? No.


Just conjunction. It’s a watery ground.

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 [b]and
the Federal Capital Territory, Abuja.

[/b]

I have taken my time to read the constituion of the FCT and all says *And* can someone defined the word and even we that are not lawyer knows the word and is additional to the existing scores abi all of us no go school for this country or we go but we pass school front..

can someone or those defending TInubu should define the word *and* let's start from there, is Abuja a state ? let's start from there .. Falana is the one that gave them this much hope and since then i see him as ethnic bigot because someone like him ought to have kept quiet and let the court interprete this

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

They all want to hear what they want.

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.

Very correct.
I don't know where this errors are coming out from. Fct is a state by the constitution.

The Federal Capital Territory Abuja is one of the states of the Federation by Section 299 of the 1999 Constitution, as amended.



“Therein, it is stated,’ 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…

Teeroyzimma:
No heroin will rule that's all I know

You go leave this country for us ooo or do anyhow see anyhow.

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

2. A and
the Federal Capital Territory, Abuja.

Yes.

SenatePresdo:


Go and ask WAEC how English language take get two head, for them to say you must pass it before you pass your WAEC.

If you get 8 A's in WAEC and fail English, you failed.

English language is to WAEC what FCT is to Presidential Election, una go dey alright Las Las

The key phrase, "And the FCT"

If FCT is a state, why would they have to add the conjunction, and?

They gave it an exclusivity, hence the And

We are waiting for them!!

You are only fooling yourself, keep giving yourself, false hope, maybe FCT people get two head, I will be here to mock you as usual 😆😆

Ogbeni can't you read and comprehend?
What does "AND" mean?

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.

Katcall:
møron, the law should have used "of the federation and the fct" instead of "in the federation and the fct"

Your father is a slowpoke since you want to be stupid.

UgosinaChi:
Supposing Abuja is regarded as a state. Then what is the 2/3 of 37. Definitely not 24. Meaning that the drug lord still didn't meet the requirement by law.

Anger is reflecting on how you reason. 24 states, in which Abuja could be part of it. Na this English you and your worrorr leader called OBI and his lawyers no get.

This "and 25% in the FCT" is just like a drowning man grasping at straws for me. There's absolutely nothing special about Abuja, and its people.

To assume that the writers of the constitution intend for Abuja to essentially deny a popular candidate acceptable across the other states of the federation the presidency, is absurd. You can as well conduct the presidential election only in Abuja declare who wins president.

I do have one question for those who claim to support the 25% percent in FCT argument: How do we now determine who won the just concluded elections?

Tinubu didn't secure 25% in FCT.
Atiku didn't win the popular vote.
Obi didn't win the both the popular votes nor get 25% across 2/3 of the states in the country.

How would they determine a president after a runoff?

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.

You must past five subjects including english is different with you must past five subjects and english.That word AND has exempted english language from the other five subjects.

Sheggy13:

"Two-third of all states and the FCT" is not the same as "Two-third of all states and two-third of the FCT." Go figure.

dunce, its in two third of all states in the federation and the fct

PointB:


That's why there is provision for run-off election. Mahmood, the INEC Chairman, is perhaps trying to pocket the funds meant for run-off. That's why he hastily declared a winner and passed the bulk to the court.

Just shut up, misleading people with nonsense information, run-off? have you seen a presidential election re-run before?

Emma1Oj:
see this Nairaland lawyer. So you know better than the SAN's that filed the case abi..?

Yes. On this matter, i know better than them. The lawyers are simply scamming Peter Obi of his money.

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.

That's not true..

They would have said 2/3 of at least 24 states including FCT.. What was written was AND FCT. After getting 25% in 24 states, you should get win 25% in FCT.