₦airaland Forum

kaylardz:
So if someone score 90% votes in all the 36 states and fail to meet 25% in Abuja, the person will not be declared winner?
Common sense is not common again.
Tinubu till 2031.

raskymonojendor:
I don't really want to be president, but I want to hold the country to ransom. Since residents of Abuja are Super humans. One Abuja vote equals 100 votes elsewhere in the country. So I will just divert all my campaign resources to Abuja, win Abuja and create a stalemate, so the country is at standstill.

We can do a re-run several times, and I will keep winning Abuja even though I don't have a spread across the country, neither do I meet the other requirements. INEC can keep spending billions to conduct every re-run. It's not my business .

kaylardz:
So if someone score 90% votes in all the 36 states and fail to meet 25% in Abuja, the person will not be declared winner?
Common sense is not common again.
Tinubu till 2031.

Aquila99:
Since LP won un Nasarawa, Delta, CRS, Lagos in Presidential, but struggled in governorship. Who now voted 4 dem, Is it now imbeciles and waywards dat voted for dem? Wail all u want. BAT is ur president untill 2027. Deal with it

ganisucks:
On May 29th, Buhari can either stand on the constitution, and with the people, or spit on the constitution, and against the people. He can't do both. Either he upholds the constitution, or he forces the entire country to perform an unconstitutional act.
Knowing the man they call Buhari, on the eve of the inauguration, he'll shock Baba blu.

AAEEI:
Nigerians are in for explosive legal fireworks, read the legal opinion of one of the brightest legal minds in Nigeria, Mr Mike Ozekhome on the constitutional impasse surrounding Tinubu's declaration as president-elect. It's an encyclopedia! hope it will be productive too, and help in redirecting the course of our national democratic advancement.

*THE 25% OF FCT, ABUJA AS A LEGAL CONUNDRUM*

BY
PROF. MIKE OZEKHOME, SAN, CON, OFR,
FCIArb, LL.M, Ph.D, LL.D, D. Litt.

INTRODUCTION

Election is a process that must be carried out within the bounds of the laws of the land. In Nigeria, elections are held every four years. Extant laws are made to ensure that it is only the candidate that has the overwhelming support and acceptance of majority of Nigerians that becomes the President. That is what democracy is all about. Democracy as a concept, was popularised on 19th November, 1863, by Abraham Lincoln, a former American President, during his Gettysburg Declaration, as government of the people, by the people and for the people. Sundry legal issues have arisen from the conduct of the 2023 general elections which held on Saturday, 25th February, 2023. Did the election reflect the mantra of section 14(2) of the 1999 Constitution to the effect that “sovereignty belongs to the people of Nigeria?” I think not. My humble opinion is that the 2023 Presidential elections dwarfs and diminishes the 2007 Presidential Elections (which the then President, Umaru Musa Yar’Adua, had admitted) in all indices of a fundamentally flawed election.

tamdun:
Inec that declare him the winner knew he doesn't need 25% in Abuja

PlayerMeji:
All a candidate needs is simply to work on winning Abuja now...according to Mike

raskymonojendor:
I don't really want to be president, but I want to hold the country to ransom. Since residents of Abuja are Super humans. One Abuja vote equals 100 votes elsewhere in the country. So I will just divert all my campaign resources to Abuja, win Abuja and create a stalemate, so the country is at standstill.

We can do a re-run several times, and I will keep winning Abuja even though I don't have a spread across the country, neither do I meet the other requirements. INEC can keep spending billions to conduct every re-run. It's not my business .

kaylardz:
So if someone score 90% votes in all the 36 states and fail to meet 25% in Abuja, the person will not be declared winner?
Common sense is not common again.
Tinubu till 2031.

Koralords:
Buhari una abuse for 8 years is now your only hope

AAEEI:
Continued
THE DEFINITION OF THE FEDERAL CAPITAL TERRITORY, ABUJA

The Federal Capital Territory is defined in Part II of the First Schedule to the Constitution. The definition is in relation to Sections 3 (Chapter I) and 297 (Chapter VIII) of the Constitution. Section 299 of the 1999 Constitution which is in Chapter VIII, flows directly from the provisions of Section 297 of the Constitution. Section 299 of the Constitution states that “the provisions of this Constitution shall apply to the Federal Capital Territory, Abuja as if it were one of the States of the Federation.” Part 11 of the Constitution also defines the FCT as a land area of its own, separate and distract from the land mass of any other State.

Consequently, the 1999 Constitution has introduced a new dimension different from the 1979 Constitution, by adding a further requirement of 25% in “and the Federal Capital Territory, Abuja.”

In BABA-PANYA V. PRESIDENT, FRN (2018) 15 NWLR (Pt 1643), 423), it was held that the FCT is to be treated like a State and that it is not superior or inferior to any State in the Federation. The facts of this case are that the Appellant had filed a suit at the Federal High Court, Abuja, asking the court to determine whether by the combined provisions of Section 147(1), (3),(14) and 299 of the 1999 Constitution, the indigenes of the FCT, Abuja, are entitled to Ministerial appointment and whether the continued refusal or failure by previous and current Presidents to so appoint an indigene of FCT, Abuja, as Minister of the Federation was tantamount to a flagrant violation of the Constitution. The court held that:

“By the combined effect of the provisions of Sections 299, 147(1) and (3) and 14(3) of the Constitution of the Federal Republic of Nigeria, 1999, it is obligatory or mandatory for the president of Nigeria to appoint at least one Minister from the indigenes of FCT, Abuja as a Minister to represent them in the Federal Executive Cabinet of the Federation. Failure to appoint any Minister from amongst the indigenes of FCT, Abuja, is a fragrant violation of the Constitution. The provisions are aimed at ensuring equal and fair participation of all States in the recognition of the diversity of the people of this country and the need to forge national unity, promote a sense of belonging among all the peoples in the Federation. …”

The gravamen of this judgment is simply that whatever is applicable to States in the Federation shall equally be applied to the FCT. If the Constitution therefore requires votes cast in at least two-thirds States in the Federation “and the FCT, Abuja,” it is compulsory that every candidate must meet that requirement of “and the FCT, Abuja,” before he is declared the winner. Tinubu did not. It was therefore unconstitutional and illegal for him to have been declared President-elect and presented with a Certificate of Return by INEC.

THE STATUS OF THE FCT IN THE CONSTITUTION

Flowing from the above, let us now examine section 299 of the 1999 Constitution.

In BAKARI V. OGUNDIPE (2021) 5 NWLR (Pt. 1768) 1, the apex court of the land held:
“By virtue of section 299(a), (b), of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the provisions of the Constitution shall apply to the Federal Capital Territory, Abuja, as if it were one of the States of the Federation; and accordingly 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 provisions are courts established for the Federal Capital Territory, Abuja; all the powers referred to in paragraph of the section shall be exercised in accordance with the provisions of the Constitution; and the provisions of the 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 the section. By virtue of the provisions of section 299 of the Constitution, it is so clear that Abuja, the Federal Capital of Nigeria, has the status of a State. It is as if it is one of the States of the Federation.” (Pp. 36-37, paras. E-A). See also, with approval, the following authorities; NEPA vs. ENDEGERO (2002) LPELR-1957(SC). BABA-PANYA vs. PRESIDENT, FRN (2018) 15 NWLR (pt. 1643)395; (2018) LPELR-44573(CA), IBORI V. OGBORU (2005) 6 NWLR (Pt. 920) 102.

There is no ruckus or brouhaha with the clear position of the courts as stated above. This is because the Constitution is clear on the separate and distinct status of the FCT. It is treated as any other State in Nigeria.

Consequently, a community reading of sections 2(2), 3(1)(4), 297, 299, 301 and 302, shows that the contemplation of the draftsman was indeed to consider FCT as separate and distinct from any other State in the Federation. It must be borne in mind that, "Judex est lex loquens", (i.e, the Judge is the speaking law". In other words, the law is what the courts say it is, and “nothing more pretentious” – Oliver Wendell Holmes Jr. We must note that, the primary responsibility of the Judiciary is "jus decere"; and not "jus devere" (to interpret laws and not to make laws). We are constrained, at this juncture, not to dabble into some jurisprudential schools of thoughts.

CANONS OF INTERPRETATION VIS-A-VIS THE 25% CONUNDRUM

Let us now examine some canons of interpretation as they pertain to this analysis.

The primary canon of interpretation of the Constitution is the “literal rule” as held by the apex court in A.G, ABIA STATE V. A.G FEDERATION (2022) 16 NWLR (PT. 1856) 205. SEE ALSO N.P.A PLC V. LOTUS PLASTIC LTD. (2005) 19 NWLR (PT. 959)158; GANA V. S.D.P (2019) 11 NWLR (PT. 1684) 510; A.G, LAGOS STATE V. A.G, ABIA STATE V. A-G FED. (2018) 17 NWLR (PT. 1648) 299 AT 412; MARWA & ORS V. NYAKO & ORS (2012) LPELR-7837(SC).

Accordingly, where words are clear and unambiguous, the court must so interpret them without any further ado; or going outside them. In KASSIM V. SADIKU (2021) 18 NWLR (pt. 1807) 123, the Supreme Court held that:

"where a statute of the Constitution or a subsidiary legislation,…prescribes a procedure for seeking remedy or the doing if anything or act, and the language used is clear and unambiguous, that is the only procedure open to the parties concerned, and any departure therefrom will be an exercise in futility. See also INAKOJU V. ADELEKE (2007) 4 NWLR (PT. 1025) 427; S.B.N LTD V. AJILO (1989) 1 NWLR (pt. 97) 305.

A court is not to go on a voyage of discovery when words are clear in Statute. See ARAKA V. EGBUE (2003) 17 NWLR (PT. 848)1; ABACHA V. FRN (2014) 6 NWLR (PT. 1402) 43; KRAUS THOMPSON ORGANIZATION V. N.I.P.S.S (2004) 17 NWLR (pt. 901) 44.

It is thus trite law that where a provision of a statute is clear and unambiguous, only its natural meaning, and not any other, 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).

It is only where the literal interpretation of a section is impossible without doing violence to the law that the court should start engaging other rules of interpretation. There is none here.

Happily, the word "AND" and "EACH" have enjoyed judicial pronouncements with great erudition. In BUHARI V. INEC (2008) 19 NWLR (PT.1120) 246, the Supreme Court held, per Tobi JSC,:

“The final word I should examine briefly is the conjunction “and” joining the larger part of the Subsection with the smaller part of “that the non-compliance did not affect substantially the result of the election.” The word “and”, being a conjunction, performing the function of joining two expressions or sentences which could be inseparable, integrated, joint or matched…” See Ndoma-Egba v. Chukwuogor (2004) 2 S.C. (Pt. I) 107; (2004) 6 NWLR (Pt. 869) 382.”

On the word, "EACH", on the other hand, the Supreme Court in EYISI & ORS v. STATE (2000) LPELR-1186(SC), held:

"each" means being one of two or more distinct individuals; each one. See Black's Law Dictionary (sixth Edition) where "each" is defined as "a distributive adjective pronoun, which denotes or refers to every one of the persons or things mentioned; every one or two or more persons or things, composing the whole, separately considered”. Per SYLVESTER UMARU ONU, JSC (Pp 15 - 15).

The “Mischief Rule” is only employed where the old law did not provide for a matter and an interpretation is to cure or remedy that mischief. See UGWU V. ARARUME (2007) 12 NWLR (PT. 1048) 365; WILSON V. A.G. BENDEL STATE (1985) 1 NWLR (PT. 4) 572; GLOBAL EXCELLENCE COMMUNICATIONS LTD. V. DUKE (2007) 16 NWLR (PT. 1059) 22, 47-48; AGBAJE V. FASHOLA (SUPRA) @ 1338 C-E; A.G. LAGOS STATE V. A.G. FEDERATION (2003) 12 NWLR (Pt. 833) 1.

The argument of those who have misconstrued section 134(2)(b) of the Constitution is to the effect that the use of the word “ALL” in the first limb of the said provision treats the Federal Capital Territory, Abuja, as one of the component states of the Federation. The proponents of the view erroneously believe that since the FCT is treated as a State of the Federation, it means there is no additional requirement to meet the 25% constitutional requirement therein. They surprisingly find solace in several decisions of the apex court where the FCT was treated and referred to as a State of the Federation, including OKOYODE V. FCDA (2005) LPELR-41123(CA) (PP. 7-13 PARAS. A-A). With due respect, these cases actually firm up the FCT, Abuja, as a separate state that must be accorded every respect and status accorded the other 36 states.

Thus, section 134(2)(b) of the Constitution after generally stating all the States of the Federation where the 25% requirement is a sine qua non for a presidential candidate to be deemed duly elected, rather than exclude the FCT, Abuja, as one of the States of the Federation where the 25% is a requirement for a presidential candidate, went further to specifically use the word “and”, to include the FCT as one of the States of the Federation where the 25% constitutional requirement is a sine qua non. It is settled law that the use of the word “and” is conjunctive in interpretation of Statutes. The implication is that after meeting the 25% requirements in 2/3 of the States of the Federation, the candidate must go further to meet the said 25% requirement in the FCT, Abuja, before he can be deemed duly elected.

GENERAL AND SPECIFIC PROVISIONS OF A STATUTE

Assuming, but not conceding, that the use of the word “ALL” encompasses the FCT, Abuja, as one of the component States of the Federation, it becomes an issue of whether a general provision of a statute can override a specific provision in the statute. The specific mention of the FCT, Abuja, overrides the general mention of all the other States of the Federation in the said provision. SEKANDE & ORS V. ARUBIELU & ORS (2013) LPELR-22801(CA) (PP. 22 PARAS. E), it was held thus:

"The law is that where specific provisions of a statute are subsequent to general provisions, the specific provisions will prevail. See AKPAN VS. STATE (1986) 3 NWLR part 27 p.225." Per DANIEL-KALIO, J.C.A.

In BUHARI V. OBASANJO (2003) All N.L.R. 168, the apex Court, without, directly deciding on the issue of “And” used in section 134, held thus:

"This provision appears clear to me. Where a candidate wins the highest number of votes cast in at least two thirds of the 36 States in the Federation and the Federal Capital Territory, Abuja, he is deemed to be elected ..., I do not appreciate any ambiguity in the provision and even if there was one, this Court is bound to adopt a construction which is just, reasonable and sensible. (See Maxwell on the Interpretation of Statutes, 12th Edition, Chapter 10)."

Thus, their Lordships merely made general statement on the section which has been an enigma. They recognised that a candidate must score 25% votes in 24 states in Nigeria; “and the FCT, Abuja”.

It is to be noted that the 36 states can be collectively called “states” without mentioning their individual names, just like section 134 did. This is because in all respects, they share the same characteristics of being states. However, the FCT, Abuja, differs in character, form and content, from the 36 states. That is why it is specifically mentioned by name.

CONCLUSION

Section 299 of the CFRN states that the provisions of this Constitution shall apply to the FCT, Abuja, “AS IF IT WERE ONE OF THE STATES OF THE FEDERATION”. The careful and indeed, unambiguous, wording of this section suggests that the FCT is NOT a State, but should rather be treated as if it were one. Thus, in seeking 25% in 2/3 of ALL THE STATES of the Federation AND the FCT, the Constitution clearly distinguished the FCT as a separate entity or a special territory, wherein the Presidential candidate need obtain at least 25% of the total votes cast in the election.

The reason for this is not far-fetched, as Abuja is the melting pot which unites all ethnic groups, tribes, religions, backgrounds, and other distinct qualities and characteristics in our plural society. It is indeed a conglomerate of the different and distinct peoples in Nigeria, which according to Prof Onigu Otite, has about 474 ethnic groups; that speak over 350 languages. Abuja is regarded as the “Centre of Unity”, which is testament to its inclusiveness of all tribes, religions, backgrounds and ethnicity. Simply put, Abuja is a territory or land mass made up of individuals from every State and virtually from all Local Government Areas in the country. It is itself made up of 6 Area Councils distinct from the 768 LGCs in Nigeria, thus bringing the total to 774 LGCs in Nigeria. Therefore, scoring 25% of votes cast in the FCT is a Presidential candidate’s testament to being widely accepted by majority of the Nigerian people.

The framers of the Constitution certainly desired for Nigeria, a President that is widely accepted with a national spread and not one that has only the support of his tribe or region. Hence they provided in the Constitution the sections relating to the election of the President because of our peculiarities as a multi-diverse, multi-facetted nation. The provisions contained in Section 134 of the Constitution are meant to reflect this. In the same light, the framers of the Constitution viewed the FCT as a melting pot, a sort of mini-Nigeria. Thus, like a commentator posited, the position or status of the FCT assumes that of a COMPULSORY question that a presidential candidate must answer in the electoral examination.

Whilst it is true that a literal reading of section 299 of the Constitution of the Federal Republic shows that the Federal Capital Territory is not a State, but from the words, “as if it were one”, contained in the provision, section 229 actually indeed grants the FCT benefits accruing to states in Nigeria and ensures its treatment as such with respect to legislative, judicial and executive powers. Section 299 does not for the purpose of section 134 confer on the FCT the status of a subordinate of a State. The provision – like most in the Constitution – displays the Federal Capital Territory as distinct from any other state; and as such requires a Presidential candidate to not only attain 25% (a quarter) of the votes in two-third of the 36 states in Nigeria but also attain 25% (a quarter) of the votes in the FCT in order to be duly elected as such.

To me, the only logical conclusion is that sections 134 and 299 are not mutually exclusive or contradictory. Rather, section 299 actually supports and complements section 134. To show this distinctiveness, FCT has never conducted any elections, either for Gubernatorial candidates, or for State Houses of Assembly Members as done by States. Rather, in accordance with section 301 of the Constitution, the FCT is governed by the President with an appointed Minister as his proxy in the form of Minister of the FCT. Likewise, the FCT does not have its own State House of Assembly, but rather legislates through the National Assembly. This therefore speaks to its distinct status, which is not affected by section 299.

Whether Abuja is regarded as a full State, pseudo-State, quasi-State, or semi-State, is immaterial. Even if it is none of these, what matters is the intention of the Constitution-makers. If, in their wisdom, they decided to reckon with the votes cast in even a single LGA in Nigeria, along with votes cast in the 36 States recognized under the 1999 Constitution, for the purpose of deciding the winner of a Presidential election, then the 6 Area Councils in the FCT cannot be treated lesser or ignored..

Once that intention can be deduced from the plain, simple and ordinary grammatical meaning of the WORDS USED then, as in the present scenario, then they have to be followed. See EZE v. UNIJOS (2021) 2 NWLR Pt. 1760 pg. 208 SC; KASSIM v. ADESEMOWO (2021) 18 NWLR Pt. 1807 pg. 67 SC; N.U.P v. INEC (2021) 17 NWLR Pt. 1805 pg. 305 SC; A.P.C v. E. S. I. E (2021) 16 NWLR Pt 180 pg. 1 SC and AGUMA v. A. P. C (2021) 14 NWLR Pt. 1796 pg. 351, S.C.

There can be no room to resort to other aids of interpretation which only become necessary and resorted to in the event of ambiguity in the words used in the Statutes. I respectfully submit that none exists in the provisions of section 134(2)(b). Asiwaju Bola Ahmed Tinubu having not met the 25% votes threshold in the FCT, Abuja, was definitely not qualified to have been declared President-elect by INEC.

Thus, INEC ought not to have declared Tinubu as the winner of the 2023 Presidential election. Doing so Nicodemously, especially as it did in the wee hours of the morning of 1st March, 2023, when innocent Nigerians were fast asleep, puts a bigger question mark on the integrity and credibility of the said declaration. Presenting Tinubu with a Certificate of Return, was, I humbly submit, odious and putrid. Tinubu therefore carries with him and on his neck, a very heavy moral burden in the form of an albatross.

Governing a country of 219.7 million people (as at 3rd March, 2023), goes well beyond mere legal calisthenics. It borders more on the process’ credibility, acceptability, legitimacy and the high moral grounds of the candidate. The current eerie, and mournful mood in Nigeria, without any form of celebration or jubilation, represents nothing but peace of the graveyard. It is ominous and foreboding. It requires no violent street protests, demonstrations, barricades, rallies, pamphleteering or
leafleteering. It is a loud silence. I so humbly submit.

kaylardz:
So if someone score 90% votes in all the 36 states and fail to meet 25% in Abuja, the person will not be declared winner?
Common sense is not common again.
Tinubu till 2031.

ganisucks:
On May 29th, Buhari can either stand on the constitution, and with the people, or spit on the constitution, and against the people. He can't do both. Either he upholds the constitution, or he forces the entire country to perform an unconstitutional act.
Knowing the man they call Buhari, on the eve of the inauguration, he'll shock Baba blu.

raskymonojendor:
I don't really want to be president, but I want to hold the country to ransom. Since residents of Abuja are Super humans. One Abuja vote equals 100 votes elsewhere in the country. So I will just divert all my campaign resources to Abuja, win Abuja and create a stalemate, so the country is at standstill.

We can do a re-run several times, and I will keep winning Abuja even though I don't have a spread across the country, neither do I meet the other requirements. INEC can keep spending billions to conduct every re-run. It's not my business .

Spiritmask:
If you score A in all subjects in your waec excluding English which the result is F, will they give you admission in Unilag?

For you to get admitted into any university in Nigeria, u must score the minimum pass mark for English which is C, same as Abuja which is 25% of vote.

Anything out of this is void and illegal.

If they go on without this, then all university in Nigeria must from today, never denial admission to any student that failed to pass English but have more than 5 credit in other subjects.

And also for any future election, the candidate with the highest vote should be declared winner even if they did not get the required 25% in 2/3 of the states.

The conjunction 'And' if deprived from Abuja in judgement should be enforce on all, meaning the 25% in 2/3 of the states and minimum score of C in English for admission will cease to be a must.

franchasofficia:
The constitution also took care of people with your thinking by saying after first rerun and no winner got the spread, that next rerun should be won by a simple majority vote, so spread will no longer matter. So can you see that the makers and framers of Nigeria's constitution saw beyond your reasoning of today?




Abuja is a special territory to Nigeria, whether you like it or not, that was the kind of special favors Lagos enjoyed for several decades that made Lagos the corporate, economic and commercial center of Nigeria but you guys said Tinubu made Lagos what it is.



It is not easy to be the capital city of a country, go figure out.



Abuja is to Nigeria what English Language subject is to WAEC result in Nigeria. Without getting a C in English language, you cannot secure admission in any Nigerian university even if you pass all the other 8 subjects with A1

PlayerMeji:
All a candidate needs is simply to work on winning Abuja now...according to Mike

Great2017:
The chance of that happening is very slim. You cannot win the 36 states with 90% of the votes cast and struggle to get 25% in Abuja. Abuja is a check

HausaIgboYoruba:
Lagos never had super votes! If in a re-run, the 25% of Abuja SUPER residents r not required, then what is the logic in ascribing SUPER votes to them in the first run?

kaylardz:
So if someone score 90% votes in all the 36 states and fail to meet 25% in Abuja, the person will not be declared winner?
Common sense is not common again.
Tinubu till 2031.

HausaIgboYoruba:
your comparison stinks! Votes in any part of Nigeria are all equal including Abuja. Abuja residents are not superhuman. Even when Lagos was the capital of Nigeria it never had this privilege that it must be won to before a presidential candidate can be declared a winner.