I have tried as much as possible to avoid debating on this issue, but sometimes one needs to look at some issues from the simplest forms to solve some problems, so firstly we will need to define the meaning of a state.

According to Oxford dictionary a state is a nation or territory considered as an organized political community under one government.

Now let's talk about Nigeria, Nigeria has 36 states and the FCT, Note that when they teach you in school or write the states and capitals in Nigeria, FCT is the only one without a capital, they just write FCT, the reason is because it is not a state but a capital, it is the capital of Nigeria.

Let's go back to the definition of a state, Nigeria itself is a state and its capital is Abuja(FCT), it is like Lagos and Ikeja, Lagos is a state and Ikeja is its capital.

Now let's go back to the constitution that requires INEC to declare a candidate winner of the presidential election and it states:

The Constitution in stipulating the requirements for election as Nigerian president states in Section 134(2) that a candidate must (a) have the highest number of votes cast at the election; and (b) have not less than 25% of total votes cast in at least two-third of all the States in the Federation and the FCT, Abuja.

So here you have it, have not less than 25% of total votes cast in at least two-third of all the States in the Federation and the FCT, Abuja.


The reason those who wrote the constitution had to still write FCT, Abuja is because they knew it was not a state and so did not count Abuja as a state but a capital, if not they would have stopped the statement at "have not less than 25% of total votes cast in at least two-third of all the States in the Federation".

But they had to stress FCT,Abuja in it to make sure that whoever will interpret the law will know that Abuja was not considered a state when they were referring to "states".


So in essence Abuja is not a state and has never been considered a state constitutionally, it is the capital of Nigeria, it is like what Ikeja is to Lagos, that is why there is no document that uses the statement like Abuja state or state or Abuja like you have Osun state or state of Osun, all you see is Federal capital Territory(Abuja).

So INEC did not follow the constitution

What's your qualification?

LL.B?
LL.M?
B.L?
LL.D?

What exactly is your qualification?

Nice

N3TRAL:
What's your qualification?

LL.B?
LL.M?
B.L?
LL.D?

What exactly is your qualification?

I don't need to have a degree or qualification to understand or interpret the constitution of Nigeria....

Brendaniel:


I don't need to have a degree or qualification to understand or interpret the constitution of Nigeria....

Okay, bye.

N3TRAL:
What's your qualification?

LL.B?
LL.M?
B.L?
LL.D?

What exactly is your qualification?

You are suffering from credentials fallacy

You need to address Section 299 as well to reach a conclusion.
I also wonder if the interpretation would differ without THE?? “To be declared winner of a presidential election, you must win 25% of total votes in 2/3 of states and the FCT”

You guys are already in court.Let d court decide this matter.

The supreme court have long decided on this issue in 2007 on the the legality of the the FCT as a sole independent entity and need to mandatory attain 25% votes in order to be declared president but emilokan in desperation asked INEC to bypass it.

Brendaniel:
I have tried as much as possible to avoid debating on this issue, but sometimes one needs to look at some issues from the simplest forms to solve some problems, so firstly we will need to define the meaning of a state.

According to Oxford dictionary a state is a nation or territory considered as an organized political community under one government.

Now let's talk about Nigeria, Nigeria has 36 states and the FCT, Note that when they teach you in school or write the states and capitals in Nigeria, FCT is the only one without a capital, they just write FCT, the reason is because it is not a state but a capital, it is the capital of Nigeria.

Let's go back to the definition of a state, Nigeria itself is a state and its capital is Abuja(FCT), it is like Lagos and Ikeja, Lagos is a state and Ikeja is its capital.

Now let's go back to the constitution that requires INEC to declare a candidate winner of the presidential election and it states:

The Constitution in stipulating the requirements for election as Nigerian president states in Section 134(2) that a candidate must (a) have the highest number of votes cast at the election; and (b) have not less than 25% of total votes cast in at least two-third of all the States in the Federation and the FCT, Abuja.

So here you have it, have not less than 25% of total votes cast in at least two-third of all the States in the Federation and the FCT, Abuja.


The reason those who wrote the constitution had to still write FCT, Abuja is because they knew it was not a state and so did not count Abuja as a state but a capital, if not they would have stopped the statement at "have not less than 25% of total votes cast in at least two-third of all the States in the Federation".

But they had to stress FCT,Abuja in it to make sure that whoever will interpret the law will know that Abuja was not considered a state when they were referring to "states".


So in essence Abuja is not a state and has never been considered a state constitutionally, it is the capital of Nigeria, it is like what Ikeja is to Lagos, that is why there is no document that uses the statement like Abuja state or state or Abuja like you have Osun state or state of Osun, all you see is Federal capital Territory(Abuja).

So INEC did not follow the constitution

From your own statement you have contradicted yourself.

[/b]The reason those who wrote the constitution had to still write FCT, Abuja is because they knew it was not a state and so did not count Abuja as a state but a capital, if not they would have stopped the statement at "have not less than 25% of total votes cast in at least two-third of all the States in the Federation".

But they had to stress FCT,Abuja in it to make sure that whoever will interpret the law will know that Abuja was not considered a state when they were referring to "states".[b]


Since FCT is not a state it has to be emphasized along with the other states as part of the federation. So 25% of the states and FCT.
If your argument is correct that means I can win FCT and my opponent wins the remaining 36 states then you will call for rerun

Brendaniel:
I have tried as much as possible to avoid debating on this issue, but sometimes one needs to look at some issues from the simplest forms to solve some problems, so firstly we will need to define the meaning of a state.

According to Oxford dictionary a state is a nation or territory considered as an organized political community under one government.

Now let's talk about Nigeria, Nigeria has 36 states and the FCT, Note that when they teach you in school or write the states and capitals in Nigeria, FCT is the only one without a capital, they just write FCT, the reason is because it is not a state but a capital, it is the capital of Nigeria.

Let's go back to the definition of a state, Nigeria itself is a state and its capital is Abuja(FCT), it is like Lagos and Ikeja, Lagos is a state and Ikeja is its capital.

Now let's go back to the constitution that requires INEC to declare a candidate winner of the presidential election and it states:

The Constitution in stipulating the requirements for election as Nigerian president states in Section 134(2) that a candidate must (a) have the highest number of votes cast at the election; and (b) have not less than 25% of total votes cast in at least two-third of all the States in the Federation and the FCT, Abuja.

So here you have it, have not less than 25% of total votes cast in at least two-third of all the States in the Federation and the FCT, Abuja.


The reason those who wrote the constitution had to still write FCT, Abuja is because they knew it was not a state and so did not count Abuja as a state but a capital, if not they would have stopped the statement at "have not less than 25% of total votes cast in at least two-third of all the States in the Federation".

But they had to stress FCT,Abuja in it to make sure that whoever will interpret the law will know that Abuja was not considered a state when they were referring to "states".


So in essence Abuja is not a state and has never been considered a state constitutionally, it is the capital of Nigeria, it is like what Ikeja is to Lagos, that is why there is no document that uses the statement like Abuja state or state or Abuja like you have Osun state or state of Osun, all you see is Federal capital Territory(Abuja).

So INEC did not follow the constitution

In other words. once a candidate wins Abuja, it's all over. The one one who wins Abuja is the president.

Why not we just let only Abuja people just elect the president? There's no point doing elections in the 36 states since Abuja is priority.

This issue is just comprehension and all you wrote is just a proof of your lack of it.

The mention of FCT is because of the 2/3 of states, FCT inclusive.

The word "and" is a conjunction

used to connect words of the same part of speech, clauses, or sentences, that are to be taken jointly.
"bread and butter"

The second meaning of "and" is when used as an interjection, this is usually used for feelings and emotions which is not applicable to this clause.

I know what you wrote is an opinion, but your opinion is driven by bias.

jumobi1:
You need to address Section 299 as well to reach a conclusion.
I also wonder if the interpretation would differ without THE?? “To be declared winner of a presidential election, you must win 25% of total votes in 2/3 of states and the FCT”

25% of total votes in 2/3 of States and 2/3 of the FCT votes.

adanny01:


In other words. once a candidate wins Abuja, it's all over. The one one who wins Abuja is the president.

Why not we just let only Abuja people just elect the president? There's no point doing elections in the 36 states since Abuja is priority.

This issue is just comprehension and all you wrote is just a proof of your lack of it.

The mention of FCT is because of the 2/3 of states, FCT inclusive.

The word "and" is a conjunction

The problem with you Tinubu supporters is you people don't pay attention to details, I did not talk about Tinubu here I only talked about INEC and the constitution, and I never said that anyone who wins Abuja wins the presidency, I am only interpreting the constitution that states that you must have not less than 25% of total votes cast in at least two-third of all the States in the Federation and the FCT, Abuja.

So what are you blaming me for?

dat9jaguy:




From your own statement you have contradicted yourself.

[/b]The reason those who wrote the constitution had to still write FCT, Abuja is because they knew it was not a state and so did not count Abuja as a state but a capital, if not they would have stopped the statement at "have not less than 25% of total votes cast in at least two-third of all the States in the Federation".

But they had to stress FCT,Abuja in it to make sure that whoever will interpret the law will know that Abuja was not considered a state when they were referring to "states".[b]


Since FCT is not a state it has to be emphasized along with the other states as part of the federation. So 25% of the states and FCT.
If your argument is correct that means I can win FCT and my opponent wins the remaining 36 states then you will call for rerun

I didn't write the constitution, it is what the law says...

Let’s say a candidate won 36 states 100% but failed to get 25% in FCT.

Are you telling me this candidate should not be declared president?

So Abuja is now more important than every other state?

Does this make any sense?

Brendaniel:


The problem with you Tinubu supporters is you people don't pay attention to details, I did not talk about Tinubu here I only talked about INEC and the constitution, and I never said that anyone who wins Abuja wins the presidency, I am only interpreting the constitution that states that you must have not less than 25% of total votes cast in at least two-third of all the States in the Federation and the FCT, Abuja.

So what are you blaming me for?

If 25% of Abuja is a most. 1999, 2003, 2015, 2019 elections would have automatically been a stalemate with no winner. There is also no way to proceed having a president in the constitution. It will be a lacuna.

Think critically my friend.Obj didn't win Abj twice, same with Buhari twice.

Imagine each of all those sceneries, no one wins. What will happen.

Think very well, if 25% in Abj is a must. This election has no winner, and the constitution has nothing prescribed for this situation. It's a deadlock and then chaos.

Those who drafted the constitution know this and they couldn't have planned a deadlock election. One that has happened 5 out of 7 elections since 1999.

Lastly, did I mention Tinubu or INEC?

Your comprehension and interpretation is simply wrong.

Racoon:
The supreme court have long decided on this issue in 2007 on the the legality of the the FCT as a sole independent entity and need to mandatory attain 25% votes in order to be declared president but emilokan in desperation asked INEC to bypass it.

Can you mention the decided case. I want to learn.

KingsCity:
Let’s say a candidate won 36 states 100% but failed to get 25% in FCT.

Are you telling me this candidate should not be declared president?

So Abuja is now more important than every other state?

Does this make any sense?

Go and ask the people who wrote the constitution, I didn't write it, but that is what the law says...

adanny01:


If 25% of Abuja is a most. 1999, 2003, 2015, 2019 elections would have automatically been a stalemate with no winner. There is also no way to proceed having a president in the constitution. It will be a lacuna.

Think critically my friend.Obj didn't win Abj twice, same with Buhari twice.

Imagine each of all those sceneries, no one wins. What will happen.

Think very well, if 25% in Abj is a must. This election has no winner, and the constitution has nothing prescribed for this situation. It's a deadlock and then chaos.

Those who drafted the constitution know this and they couldn't have planned a deadlock election. One that has happened 5 out of 7 elections since 1999.

You are still missing it, it not a must that you win Abuja, but the 25% is required which Tinubu did not meet...

KingsCity:
Let’s say a candidate won 36 states 100% but failed to get 25% in FCT.

Are you telling me this candidate should not be declared president?

So Abuja is now more important than every other state?

Does this make any sense?

It makes sense if that's what the constitution requires.

adanny01:


In other words. once a candidate wins Abuja, it's all over. The one one who wins Abuja is the president.

Why not we just let only Abuja people just elect the president? There's no point doing elections in the 36 states since Abuja is priority.

This issue is just comprehension and all you wrote is just a proof of your lack of it.

The mention of FCT is because of the 2/3 of states, FCT inclusive.

The word "and" is a conjunction


The second meaning of "and" is when used as an interjection, this is usually used for feelings and emotions which is not applicable to this clause.

I know what you wrote is an opinion, but your opinion is driven by bias.

Saying that Abuja is a state is like saying that Ikeja is a state.

sekundosekundo:


Saying that Abuja is a state is like saying that Ikeja is a state.

Yet, Ikeja was not mentioned.

This matter was settled in 2008. . . by the same SUPREME COURT.
Either MAHMOOD/INEC and APC were illiterate or they were ignorant.

adanny01:


Yet, Ikeja was not mentioned.

I mean those saying that FCT is a state.

Brendaniel:


You are still missing it, it not a must that you win Abuja, but the 25% is required which Tinubu did not meet...

There are 2 conditions to become President elect, let's assume you are correct, Tinubu cannot be declared.

Tinubu has the highest votes and 25% in 36 states.

Obi has 25% FCT

Atiku has non

Kwankwaso worst.

In this situation, who gets declared?

It can't be Tinubu, it also can't be Obi.

There's then no constitutional procedure for INEC to resolve it and May 29 Buhari leaves. INEC is not empowered to do another rerun or new election. No VP. Even if Senate president becomes president according to the constitution. The current senate President leaves office soon. The new Senate can't be inaugurated because there's no president to inaugurate and CJN doesn't have that power.

That will be a LACUNA!

That FCT 25% you guys are talking about is a Lacuna and no court will contemplate it no matter how much you romanticise it.

sekundosekundo:


I mean those saying that FCT is a state.

Who said FCT is a state?

adanny01:


There are 2 conditions to become President elect, let's assume you are correct, Tinubu cannot be declared.

Tinubu has the highest votes and 25% in 36 states.

Obi has 25% FCT

Atiku has non

Kwankwaso worst.

In this situation, who gets declared?

It can't be Tinubu, it also can't be Obi.

There's then no constitutional procedure for INEC to resolve it and May 29 Buhari leaves. INEC is not empowered to do another rerun or new election. No VP. Even if Senate president becomes president according to the constitution. The current senate President leaves office soon. The new Senate can't be inaugurated because there's no president to inaugurate and CJN doesn't have that power.

That will be a LACUNA!

That FCT 25% you guys are talking about is a Lacuna and no court will contemplate it no matter how much you romanticise it.

FCT has been declared by the supreme court to have the status of the 36 states.

Read the case of Bakari V. Ogundipe (2021) 5 NWLR (Pt 1768) 1 SC . The Supreme declared that the FCT has the status of the 36 states. It is settled law.

The only thing the supreme court will do here is reaffirm it in respect to the presidential elections.

adanny01:


There are 2 conditions to become President elect, let's assume you are correct, Tinubu cannot be declared.

Tinubu has the highest votes and 25% in 36 states.

Obi has 25% FCT

Atiku has non

Kwankwaso worst.

In this situation, who gets declared?

It can't be Tinubu, it also can't be Obi.

There's then no constitutional procedure for INEC to resolve it and May 29 Buhari leaves. INEC is not empowered to do another rerun or new election. No VP. Even if Senate president becomes president according to the constitution. The current senate President leaves office soon. The new Senate can't be inaugurated because there's no president to inaugurate and CJN doesn't have that power.

That will be a LACUNA!

That FCT 25% you guys are talking about is a Lacuna and no court will contemplate it no matter how much you romanticise it.

That is why I said INEC erred and should have not declared Tinubu the winner, there should be an interim government then a rerun in such a case but remember that Peter Obi still has other claims which even makes it more than just the 25% FCT issue...

Brendaniel:


That is why I said INEC erred and should have not declared Tinubu the winner, there should be an interim government then a rerun in such a case but remember that Peter Obi still has other claims which even makes it more than just the 25% FCT issue...

Interim government? With which constitution. Are you thinking at all? Is there interim government in the constitution of Nigeria?

Let me ask, how old are you? Seems I am wasting my time.

adanny01:


Interim government? With which constitution. Are you thinking at all? Is there interim government in the constitution of Nigeria?

Let me ask, how old are you? Seems I am wasting my time.

Oga we have had interim government in the past, it is not new, even Afe Babalola suggested the same, he is an old seasoned lawyer with very good track record... so what are you saying?