₦airaland Forum

fergie001:
This will be the first time we will be going this route so the Judges will surely give it their own interpretation.

S. 134(2): He has not less than one-quarter of the votes cast at the election in each of at least two thirds of all states in the Federation and the Federal Capital Territory, Abuja.”

The words here are "each" and "and".

Each is 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.” (SC in Eyisi & Ors v State 2000)

And is performing the function of joining two expressions or sentences which could be inseparable, integrated, joint or matched. (SC in Buhari v INEC 2008)

I think even though the SC has not ruled on the electoral status of the FCT, it will be treated as a State.

garfield1 senatordave1 kyase ejimatic

I align with you.the apex court has always believed in equality,fairness.all votes are equal,all states are equal.no one is above the other.
Again,late justice obaseki said when the courts are faced with a statute that conveys two meanings,it will go with the one that makes more sense,brooks less controversy,turmoil and absent of absurdity for the intention of the lawmakers are not to create confusion or absurdity.
In summary,commonsensicaly counting fct as part of the spread makes more sense than elevating her above other states

Phantom233:
we have 36 States in Nigeria, Abuja is the seat of power am not a lawyer tho. Maybe you should ask weac why it's a.must for one to score at least credit in math n english before gaining admissions. This analogy was used by a barrister.

That barrister must have attended a night school to have used that poor analogy.

In democracy, your vote and the president vote are equal.

From Atiku of Pdp Petition updates

Atiku may be truly coming!

*2023: Understanding Atiku's "margin of lead" case against INEC and Tinubu*

The margin of lead of Tinubu over Atiku, according to INEC is *1,810,206*.

Meanwhile; according to INEC, rejected votes were 939,278; and canceled votes, according to INEC were 886,026.

If 939,278 and 886,026 are summed together, they will give a total of *1,825,304*.

This difference will be in excess of the margin of lead by *15,098*.

Of course and expectedly in court, Tinubu's margin of lead over Atiku will drop even far much further when the BVAS figures are unveiled to show the actual votes of Tinubu and the actual number of cancelled votes and actual number of rejected votes that INEC never cancelled or rejected on paper in the course of announcing Tinubu on March 1.

It is obvious that INEC inflated Tinubu's votes and deflated the cancelled/rejected votes so as to help Tinubu scale through the margin of lead but even by INEC's own paper-works, Tinubu is in deficit of 15,098 votes (to cross the margin of lead threshold).

The remedy therefore by INEC's own pro-Tinubu manipulated paperworks as of March 1 being the day INEC hastily made a return in which it erred in basic principle and in law by returning Tinubu as President-elect, is for the Presidential election to be declared inconclusive and subject to a re-run according to the "margin of lead" principle.

Source of data: Premium Times ("#NigeriaDecides2023: Only 27% of eligible voters decide who becomes Nigeria’s president" published on March 8, 2023)

Frank688915:
why math or English? so people living in Abuja has 2 heads, the thing no just make sense

Do the people in Abuja participate in the Guber, and state house of Assembly elections, Is there a Governor in Abuja, or/and legislative state house of ; does Abj have up to 3 senators that's available in the other 36 states?
This is something you already know.

Cc nlfpmod cc OAM4j cc Dominique cc lalasticlala cc justwise Fp Seun fp

Frank688915:
why math or English? so people living in Abuja has 2 heads, the thing no just make sense

does English and maths also have two heads to use your anslogy

fergie001:
This will be the first time we will be going this route so the Judges will surely give it their own interpretation.

S. 134(2): He has not less than one-quarter of the votes cast at the election in each of at least two thirds of all states in the Federation and the Federal Capital Territory, Abuja.”

The words here are "each" and "and".

Each is 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.” (SC in Eyisi & Ors v State 2000)

And is performing the function of joining two expressions or sentences which could be inseparable, integrated, joint or matched. (SC in Buhari v INEC 2008)

I think even though the SC has not ruled on the electoral status of the FCT, it will be treated as a State.

garfield1 senatordave1 kyase ejimatic

barrister fergie001, the Supreme Court of justice will be the final ground to decide on the 25% requirements to win the presidential poll in Nigeria . Let’s keep our fingers crossed.

Phantom233:
we have 36 States in Nigeria, Abuja is the seat of power am not a lawyer tho. Maybe you should ask weac why it's a.must for one to score at least credit in math n english before gaining admissions. This analogy was used by a barrister.

okay, so are they going to do the election again or rerun btw 1st and 2nd?

fergie001:
This will be the first time we will be going this route so the Judges will surely give it their own interpretation.

S. 134(2): He has not less than one-quarter of the votes cast at the election in each of at least two thirds of all states in the Federation and the Federal Capital Territory, Abuja.”

The words here are "each" and "and".

Each is 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.” (SC in Eyisi & Ors v State 2000)

And is performing the function of joining two expressions or sentences which could be inseparable, integrated, joint or matched. (SC in Buhari v INEC 2008)

I think even though the SC has not ruled on the electoral status of the FCT, it will be treated as a State.

garfield1 senatordave1 kyase ejimatic

. 2003 the SC held that Abuja is like other states in Nigeria. Abuja jas no special status more than other 36 states. Obasanjo PDP vrs ACN ...

ajog1:
Do the people in Abuja participate in the Guber, and state house of Assembly elections, Is there a Governor in Abuja, or/and legislative state house of ; does Abj have up to 3 senators that's available in the other 36 states?
This is something you already know.

if it's a full state it should have all this but it had a special status, according to the drafter nobody for now until the law is changed can do anything about the prominence position given to fct as far as. presidential election is concerned.some laws might be unfair but its the law until its changed

TruthsFM:
[ARCHIVES] Supreme Court upheld candidates must win 25% votes in 24 states, plus 25% in FCT in Buhari v Obasanjo [2005]

The clarity came from a Supreme Court ruling in a case involving Muhammadu Buhari of the then All Nigeria Peoples Party (ANPP) and Olusegun Obasanjo of the then Peoples Democratic Party (PDP) on Friday, July 15, 2005.

In its ruling, the apex court had upheld that presidential candidates must win 25 per cent of all votes cast in 24 states, and the Federal Capital Territory, Abuja.

READ: https://news.band/archives-supreme-court-upheld-candidates-must-win-25-votes-in-24-states-plus-25-in-fct-in-buhari-v-obasanjo-2005/

. The AC in this judgement rumed that Abuja is like ither states in Nigeria. In order lack of 25% in Abuja doea not affect non declaration of a candidate AA the preaident as long as he has 2/3 majority in the election

ejimatic:
. 2003 the AC held that Abuja is like other states in Nigeria. Abuja jas no special status more than other 36 states. Obasanjo PDP vrs ACN ...

Hmmm

TruthsFM:
Tinubu is sitting on someone’s mandate, he will never be in power in 4 years to come. Tribunal and Supreme Court of justice will remove him shameful for not meeting the 25% requirements to be Nigeria President

You are still dreaming. You gotta to wake up mumu

TruthsFM:
Barrister fergie001 and other humble lawyers nairaland , need your input about this judgement. Thank You

There is no issue here. Obi and his team properly articulated their claim. Yes, the court is right on that interpretation and some people will start shouting Hallelujah but look at it this way, it is the law that you cannot put something on nothing and expect it to stay. Obi is arguing that the election itself is tainted with fraud and INEC substantially deviated from the process such that the entire thing was a sham and did not happen. If the election is a sham, the argument of 25% in 16 states and even the interpretation of 25% in Abuja will not arise. Eluppee is adopting multiple approaches to this. The idea is if this one doesn't stand, another will stand. It is an interesting time.

TruthsFM:
[ARCHIVES] Supreme Court upheld candidates must win 25% votes in 24 states, plus 25% in FCT in Buhari v Obasanjo [2005]

The clarity came from a Supreme Court ruling in a case involving Muhammadu Buhari of the then All Nigeria Peoples Party (ANPP) and Olusegun Obasanjo of the then Peoples Democratic Party (PDP) on Friday, July 15, 2005.

In its ruling, the apex court had upheld that presidential candidates must win 25 per cent of all votes cast in 24 states, and the Federal Capital Territory, Abuja.

READ: https://news.band/archives-supreme-court-upheld-candidates-must-win-25-votes-in-24-states-plus-25-in-fct-in-buhari-v-obasanjo-2005/

The last paragraph is the ‘last bullet’ but time will tell if this ruling would have any bearing on this year’s tribunal ruling.

I would advise against preempting anything

blackpanda:
25% in at least 24 states including fct.

Which means fct may be part of the 24 states.

Read your constitution, what is two thirds of 36 states 24

What the Court is saying is that fct can also be counted as part of the 24 states for the purpose of fulfilling this criteria. It doesn't mean u must get 25% in fct. There's nothing special about fct in the constitution.

The Supreme Court was trying to prevent a situation where someone wins 23 states and then fct, only to be disqualified that fct is not a state. Fct is counted as a state in this case.

Bottom line: Tinubu won fair and square.

You are 100% correct.

surgical:
if it's a full state it should have all this but it had a special status, according to the drafter nobody for now until the law is changed can do anything about the prominence position given to fct as far as. presidential election is concerned. some laws might be unfair but its the law until its changed

This is very trite. Even a manifestly bad law remains the law until it is changed. Abuja is not Abuja state, it is the Federal Capital Territory with several outstanding features. The literal interpretation of the law on that point is 'And Abuja'. AND here is Conjunctive. It is the law that no word in an enactment is to be seen as superfluous or just inserted without an intention. The intention of AND in that section is literally clear. The courts will soon tell us how they understand this. The world is watching.

Story.
There is a recent decision of the Supreme Court that said the FCT will be treated as a state.

You Obidients should sit down there and keep fooling yourselves.

TruthsFM:
Tinubu is sitting on someone’s mandate, he will never be in power in 4 years to come. Tribunal and Supreme Court of justice will remove him shameful for not meeting the 25% requirements to be Nigeria President

is there anyone who won 25% of 24 states and abuja?

ejimatic:
. 2003 the SC held that Abuja is like other states in Nigeria. Abuja jas no special status more than other 36 states. Obasanjo PDP vrs ACN ...

This is not exactly true.
No Court in Nigeria has ruled on the electoral status of the FCT.
I have read through these cases and nothing of such appeared
These cases you mentioned never spoke about Special Status or not.

One case that comes to mind is Musa Baba Panya v. President of the FRN at the CA: Akomaye Agim was on that panel of 3. This case was built on whether indigenes of the FCT should also partake to be appointed as Ministers from a State (the FCT), subject to S299 of the 1999 CFRN and the CA ruled in affirmation. Even till now, that judgement has not been implemented.

I still do not know why FCT should be treated as a State according to S299 wrt agencies of Govt, Courts, etc yet be elevated wrt electoral status. I know the broader interpretation or mischief rule will come in handy for that interpretation!


garfield1

hardbody:
This is very trite. Even a manifestly bad law remains the law until it is changed. Abuja is not Abuja state, it is the Federal Capital Territory with several outstanding features. The literal interpretation of the law on that point is 'And Abuja'. AND here is Conjunctive. It is the law that no word in an enactment is to be seen as superfluous or just inserted without an intention. The intention of AND in that section is literally clear. The courts will soon tell us how they understand this. The world is watching.

Story
When Tinubu gets sworn in, kill yourself.
When you refuse to upgrade your knowledge, this is what happens. A lawyer arguing like a carpenter.
There is a recent SC judgment that says the FCT is treated as a state of the federation. Go educate yourself and stop typing trash about.
You should be ashamed of yourself.

OkayDaddy:
Story.
There is a recent decision of the Supreme Court that said the FCT will be treated as a state.

You Obidients should sit down there and keep fooling yourselves.

Bakari vs Ogundipe.

Ibrahimcoomasie:
Bakari vs Ogundipe.

Thank you very much.

blackpanda:
25% in at least 24 states including fct.

Which means fct may be part of the 24 states.

Read your constitution, what is two thirds of 36 states 24

What the Court is saying is that fct can also be counted as part of the 24 states for the purpose of fulfilling this criteria. It doesn't mean u must get 25% in fct. There's nothing special about fct in the constitution.

The Supreme Court was trying to prevent a situation where someone wins 23 states and then fct, only to be disqualified that fct is not a state. Fct is counted as a state in this case.

Bottom line: Tinubu won fair and square.

You are right. Labour party is basically mud slinging and grasping at straws. A desperate attempt to latch on to anything.

I don't expect a different judgement. Section 299 like a sledgehammer will be used again against Labour Party. Abuja residents are not some super humans

fergie001:
This is not exactly true.
No Court in Nigeria has ruled on the electoral status of the FCT.
I have read through these cases and nothing of such appeared
These cases you mentioned never spoke about Special Status or not.

One case that comes to mind is Musa Baba Panya v. President of the FRN at the CA: Akomaye Agim was on that panel of 3. This case was built on whether indigenes of the FCT should also partake to be appointed as Ministers from a State (the FCT), subject to S299 of the 1999 CFRN and the CA ruled in affirmation. Even till now, that judgement has not been implemented.

I still do not know why FCT should be treated as a State according to S299 wrt agencies of Govt, Courts, etc yet be elevated wrt electoral status. I know the broader interpretation or mischief rule will come in handy for that interpretation!


garfield1

. What about in the following case wgere the SC ruled that FCT has a toga of state like other states in Nigeria?
Supreme Court in FAWEHINMI & ORS v. BABANGIDA & ORS (2003) LPELR-1255 (

OkayDaddy:
Story
When Tinubu gets sworn in, kill yourself.
When you refuse to upgrade your knowledge, this is what happens. A lawyer arguing like a carpenter.
There is a recent SC judgment that says the FCT is treated as a state of the federation. Go educate yourself and stop typing trash about.
You should be ashamed of yourself.

If you were a lawyer I will understand, you are not one and therefore don't understand the language of lawyers. I have only addressed some issues that are very minor and not the entire gamut of the claims put in by the petitioner. I am not available to argue with you please. Thank you

fergie001:
This is not exactly true.
No Court in Nigeria has ruled on the electoral status of the FCT.
I have read through these cases and nothing of such appeared
These cases you mentioned never spoke about Special Status or not.

One case that comes to mind is Musa Baba Panya v. President of the FRN at the CA: Akomaye Agim was on that panel of 3. This case was built on whether indigenes of the FCT should also partake to be appointed as Ministers from a State (the FCT), subject to S299 of the 1999 CFRN and the CA ruled in affirmation. Even till now, that judgement has not been implemented.

I still do not know why FCT should be treated as a State according to S299 wrt agencies of Govt, Courts, etc yet be elevated wrt electoral status. I know the broader interpretation or mischief rule will come in handy for that interpretation!


garfield1

. What about in this following case too:

In Bakari v. Ogundipe (2021) 5 NWLR (Pt.1768) 1, the supreme Court held that by virtue of section 299(a) (b) of the Constitution, the provisions of the Constitution shall apply to the FCT, Abuja as if it were one of the States of the Federation.

ejimatic:
. What about in the following case wgere the SC ruled that FCT has a toga of state like other states in Nigeria?
Supreme Court in FAWEHINMI & ORS v. BABANGIDA & ORS (2003) LPELR-1255 (

I haven't read the authority you cited and so may not be able to speak to it but it is doubtful that such a toga will apply for all purposes.

ejimatic:
. What about in this following case too:

In Bakari v. Ogundipe (2021) 5 NWLR (Pt.1768) 1, the supreme Court held that by virtue of section 299(a) (b) of the Constitution, the provisions of the Constitution shall apply to the FCT, Abuja as if it were one of the States of the Federation.

I think that instead of applying these dicta in all circumstances, we should seek to also understand in what scenarios that the justices made such decisions (if at all).

TruthsFM:
Barrister fergie001 and other humble lawyers nairaland , need your input about this judgement. Thank You

Comprehension is far from you…..

hardbody:
I haven't read the authority you cited and so may not be able to speak to it but it is doubtful that such a toga will apply for all purposes.

. I will advise you read it sir.However yiur approch to matter and humility you express always draw all of us closer to you. As a person I appreciate you always.