₦airaland Forum

The way we ordinary citizens are trying to twist this law baffles me, its quite laughable sha. Abuja does not enjoy any special status as regards to elections, it is jst like any other state, the "And FCT" was used because abuja is not among the 36 states of the federation it is the nation's capital. Pls note that we have 36 states and FCT in Nigeria.

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

His quality of education is extremely poor. He's only good in copy & paste. They're empty brains....

Frank688915:
okay, so are they going to do the election again or rerun btw 1st and 2nd?

tribunal will tell but I doubt their integrity based on d powers that be.

Other candidates can not also campaign in the FCT?

Jogs1900:
God bless you for this...If FCT is compulsory, I bet you subsequent elections in FCT will be marred with violence...A presidential candidate will just sit in Abuja campaigning without going to other states to campaign hoping to frustrate other contestants from getting 25%..Someone like Kwankwanso can do that which I think it's illogical.

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 we are saying the same thing but it's just a matter of using different routes.

S299 is clear that the FCT should be treated as if it was a State. The issue of Bakare and Ogundipe is wrt the monetisation policy of the FCTA. It has to do with land and whether the FCT High Court had jurisdiction to hear the case.

Rhodes-Vivour JSC simply said yes, there is jurisdiction, the FCTA is a property of the State Government and not FG, the FCT is treated as a State. It is not too different from the one you quoted.

The first one had to do with the role of appointing an FCT indigene as Minister and this one technically whether the FCTA can operate as State or a Federal Agency.

There is no similar judgement for different cases.

Be that as it may, however, like I said and agreed with you... I do not see why the FCT should be elevated above the other States. I believe that the intendment of the framers of the Constitution was to distinguish that Section from the 1979 Constitution. It is the exact wording except that we didn't have the FCT as at then.

Lastly, I don't even think one State can hold a Candidate to ransom vis-a-vis the purport of 2/3 majority. Sections 14 & 147 talk about equality and fairness hence S299 I believe is broad enough to cover the provisions of 134.

FCT should be treated as a State.

DMerciful:
Other candidates can not also campaign in the FCT?

Did you not see what kwankwaso did as regards the last presidential campaign and the result? Do you want subsequent election in the FCT to be a do or die affair?

FCT has a special status. Special does not mean superior but unique in this instance.A child with special needs doesn't mean the child is superior to others.

Abuja has not governor nor state government so the president is the governor. You wanna preside over a people who couldn't give you 25%?

garfield1:
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

fergie001:
I think we are saying the same thing but it's just a matter of using different routes.

S299 is clear that the FCT should be treated as if it was a State. The issue of Bakare and Ogundipe is wrt the monetisation policy of the FCTA. It has to do with land and whether the FCT High Court had jurisdiction to hear the case.

Rhodes-Vivour JSC simply said yes, there is jurisdiction, the FCTA is a property of the State Government and not FG, the FCT is treated as a State. It is not too different from the one you quoted.

The first one had to do with the role of appointing an FCT indigene as Minister and this one technically whether the FCTA can operate as State or a Federal Agency.

There is no similar judgement for different cases.

Be that as it may, however, like I said and agreed with you... I do not see why the FCT should be elevated above the other States. I believe that the intendment of the framers of the Constitution was to distinguish that Section from the 1979 Constitution. It is the exact wording except that we didn't have the FCT as at then.

Lastly, I don't even think one State can hold a Candidate to ransom vis-a-vis the purport of 2/3 majority. Sections 14 & 147 talk about equality and fairness hence S299 I believe is broad enough to cover the provisions of 134.

FCT should be treated as a State.

. May God continue to bless always all those who take part in politcal discussion and elightement on this plartform regardless of their sacred opinions. Good contributions from you and all other friends on this thread

fergie001:
I think we are saying the same thing but it's just a matter of using different routes.

S299 is clear that the FCT should be treated as if it was a State. The issue of Bakare and Ogundipe is wrt the monetisation policy of the FCTA. It has to do with land and whether the FCT High Court had jurisdiction to hear the case.

Rhodes-Vivour JSC simply said yes, there is jurisdiction, the FCTA is a property of the State Government and not FG, the FCT is treated as a State. It is not too different from the one you quoted.

The first one had to do with the role of appointing an FCT indigene as Minister and this one technically whether the FCTA can operate as State or a Federal Agency.

There is no similar judgement for different cases.

Be that as it may, however, like I said and agreed with you... I do not see why the FCT should be elevated above the other States. I believe that the intendment of the framers of the Constitution was to distinguish that Section from the 1979 Constitution. It is the exact wording except that we didn't have the FCT as at then.

Lastly, I don't even think one State can hold a Candidate to ransom vis-a-vis the purport of 2/3 majority. Sections 14 & 147 talk about equality and fairness hence S299 I believe is broad enough to cover the provisions of 134.

FCT should be treated as a State.

. May God continue to bless always all those who take part in politcal discussion and elightement on this plartform regardless of their sacred opinions. Good contributions from you sir and all other friends on this thread.

We call children with disabilities special and say that they have special needs. This doesn't mean they're superior!

Abuja has not state govt or house of Assembly like States so Abuja is very different from a state

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 ...

If Peter Obi is pinning his hopes on 25% FCT conundrum, then he is wasting his money on those 419 lawyers on his payroll. If FCT were compulsory, there would have been a caveat stating so clearly in the electoral act. Debating the meaning of "AND" is not enough. Even WAEC always put a caveat stating that English and Maths are Compulsory for all their candidates. The worry of Obi now should be that President Tinubu after swearing in does not reopen the money laundering case involving his media aide Obienyem that happened in Lagos some years back because it would surely lead the woman voice criminal to jail.

If the Nigerian govt cannot conduct violent free elections, whose fault is it? Perhaps,
we're tired of democracy

Jogs1900:
Did you not see what kwankwaso did as regards the last presidential campaign and the result? Do you want subsequent election in the FCT to be a do or die affair?

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

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

Are you a legal practitioner? In law there's what we call judicial precedence, in 2005 similar case was resolved between OBJ and Buhari and the supreme court ruled that obtaining 25% votes in FCT was mandatory. We shouldn't be blinded by sentiments due to ethno religious interest, just like the muslim muslim ticket, such errors hasn't happened before in our polity moreover there would have been violence if it was a christian-christian ticket.

favor914:
Still in self deceit from your ipob days under the spell of Nnamdi Kanu?

Lolz. Everybody opposing you is automatically an ipo member

Phantom233:
Are you a legal practitioner? In law there's what we call judicial precedence, in 2005 similar case was resolved between OBJ and Buhari and the supreme court ruled that obtaining 25% votes in FCT was mandatory. We shouldn't be blinded by sentiments due to ethno religious interest, just like the muslim muslim ticket, such errors hasn't happened before in our polity moreover there would have been violence if it was a christian-christian ticket.

You are the one displaying bigotry here for saying "Muslim Muslim ticket" is an error.

There's nothing like Muslim Muslim ticket, rather two Nigerians trying to serve the people. Their religion and ethic background are irrelevant to that

DMerciful:
If the Nigerian govt cannot conduct violent free elections, whose fault is it? Perhaps,
we're tired of democracy

Will a presidential candidate not ask his supporters to transfer their voters card to Abuja knowing fully well what is at stake or will the Federal government ask them not to transfer their voters card ?So many loophole will be exploited by these politicians.

JJuanMiguel:
You are the one displaying bigotry here for saying "Muslim Muslim ticket" is an error.

There's nothing like Muslim Muslim ticket, rather two Nigerians trying to serve the people. Their religion and ethic background are irrelevant to that

I won't reply you further cos you lack indepth. Nigeria is a multi ethnic society and under the federal character principle, equity us paramount in any sensitive allocations or office. It has never happened in Nigeria and it's unconstitutional just like the loop sided appointments witnessed in this Buhari's administration.

They can change the law subsequently but the law is the law. Mind you if you say Abuja is like any other state just to ensure Tinubu is not removed on that account, Abuja residents will start demanding for a state govt, house of assembly, senatorial and house of rep representation.

The Supreme Court cannot just rule anyhow

Jogs1900:
Will a presidential candidate not ask his supporters to transfer their voters card to Abuja knowing fully well what is at stake or will the Federal government ask them not to transfer their voters card ?So many loophole will be exploited by these politicians.

Phantom233:
I won't reply you further cos you lack indepth. Nigeria is a multi ethnic society and under the federal character principle, equity us paramount in any sensitive allocations or office. It has never happened in Nigeria and it's unconstitutional just like the loop sided appointments witnessed in this Buhari's administration.

So we should throw away competency and track record and start distributing political offices based on tribe 🤔

E.g even if there's no ibo person competent enough to be president, we should just put one ibo man there to satisfy quota system?

DMerciful:
They can change the law subsequently but the law is the law. Mind you if you say Abuja is like any other state just to ensure Tinubu is not removed on that account, Abuja residents will start demanding for a state govt, house of assembly, senatorial and house of rep representation.

The Supreme Court cannot just rule anyhow

Interpretation of the Constitution is part of the function of the Supreme Court...Lets wait for their interpretation

Massiveglory:
We just love to ridicule ourselves. People have suddenly turned blind and dumb to simple english.

Constitutionallly Nigeria has no president elect, but since english language is not our first language and translating the constitutional requirement for the FCT abuja has become a challenge, Let those in charge consult the UK judiciary to explain what the word "AND" means.

Swearing in a Tinubu on May 29th 2023, would be ending democracy in Nigeria, we are waiting for Tinubu to come and act as president, if military would not take over.

Massiveglory:
We just love to ridicule ourselves. People have suddenly turned blind and dumb to simple english.

Constitutionallly Nigeria has no president elect, but since english language is not our first language and translating the constitutional requirement for the FCT abuja has become a challenge, Let those in charge consult the UK judiciary to explain what the word "AND" means.

Even highly learnered individuals have suddenly become dumb to simple English because of what they hope to gain when Tinubu becomes president

They can give a policy interpretation but there's always consequence for every action.

I know Abuja indigenes and residents are in court to make Abuja have all benefits of a state....the Supreme Court will either favour Tinubu and favour them or leave Abuja running as it is and disfavour Tinubu

Jogs1900:
Interpretation of the Constitution is part of the function of the Supreme Court...Lets wait for their interpretation

DMerciful:
They can change the law subsequently but the law is the law. Mind you if you say Abuja is like any other state just to ensure Tinubu is not removed on that account, Abuja residents will start demanding for a state govt, house of assembly, senatorial and house of rep representation.

The Supreme Court cannot just rule anyhow

So the weight of the vote of one Abuja inhabitant is more important than your own in democracy?

Desperation is just making you people grasp at straw.

Henceforth, someone can even win Abuja and lose in the remaining 36 states and still go to court if we want to start using the ipob method

Cyberterror:
If Peter Obi is pinning his hopes on 25% FCT conundrum, then he is wasting his money on those 419 lawyers on his payroll. If FCT were compulsory, there would have been a caveat stating so clearly in the electoral act. Debating the meaning of "AND" is not enough. Even WAEC always put a caveat stating that English and Maths are Compulsory for all their candidates. The worry of Obi now should be that President Tinubu after swearing in does not reopen the money laundering case involving his media aide Obienyem that happened in Lagos some years back because it would surely lead the woman voice criminal to jail.

Don't repeat this again, he is a president.....

ejimatic:
. 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.

Thanks. I appreciate you huge.

I read through the report contained in the Link & there is nothing that answers the Question of FCT having a special status.The Subject for determination wasn't about the status of the FCT, it was an argument to determine whether the entire result of the Presidential Election should be cancelled due to the cancellation of all of the result of Ogun State even though declared winner still has the majority of vote cast & the required spread of 25%.The Judge only quoted the section 134 word for word.

Abuja has a special status, not interms of individual votes but structure.

JJuanMiguel:
So the weight of the vote of one Abuja inhabitant is more important than your own in democracy?

Desperation is just making you people grasp at straw.

Henceforth, someone can even win Abuja and lose in the remaining 36 states and still go to court if we want to start using the ipob method

DMerciful:
FCT has a special status. Special does not mean superior but unique in this instance.A child with special needs doesn't mean the child is superior to others.

Abuja has not governor nor state government so the president is the governor. You wanna preside over a people who couldn't give you 25%?

The supreme court has severally stated that the fct is neither inferior nor superior to a state.all votes are equal

DMerciful:
They can change the law subsequently but the law is the law. Mind you if you say Abuja is like any other state just to ensure Tinubu is not removed on that account, Abuja residents will start demanding for a state govt, house of assembly, senatorial and house of rep representation.

The Supreme Court cannot just rule anyhow

Spot on. Like I have always postulated, there is a reason the aboriginal gbagyis were moved from Abuja, no other 'state' was treated same way. We do not have a state governor in Abuja and the Minister of FCT reports to the president, no other governor of a state does that. FCT was not mentioned as a state in the constitution and there are historical reasons for this. It worries the mind when some of us close our eyes to these realities. It is not about the vote of Abuja people being superior, it is the fact that the government had a plan on how Abuja should be a melting point of all Nigerians and really carry that toga of 'No man's land, hence the need to seek and receive the concurrence of 25% of the people staying in that FCT. The courts may rule in favour of public policy but it has to be clarified. Interesting days ahead.

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

I do not understand you.but from my own understanding,the fct is not a state but has to be treated as such when necessary

DMerciful:
We call children with disabilities special and say that they have special needs. This doesn't mean they're superior!

Abuja has not state govt or house of Assembly like States so Abuja is very different from a state

Does the needs of the disabled override that of the able? By your definition,abuja is less of a state and its votes are inferior to states