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Supreme Court Upheld Candidates Must Win 25% Votes In 24 States, Plus FCT - Politics (5) - Nairaland

Nairaland Forum / Nairaland / General / Politics / Supreme Court Upheld Candidates Must Win 25% Votes In 24 States, Plus FCT (12759 Views)

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Re: Supreme Court Upheld Candidates Must Win 25% Votes In 24 States, Plus FCT by cktheluckyman: 3:59pm On Apr 13, 2023
JJuanMiguel:


Your vote and that of the president are equal, that's what democracy is.
There is no special status in democracy

The law is about the contents of our constitution not logic.I personally think that section is unfair but the fact remains that as longa s it is contained in our constitution. It remans law
Re: Supreme Court Upheld Candidates Must Win 25% Votes In 24 States, Plus FCT by Christistruth03: 4:00pm On Apr 13, 2023
Fake News


Don't bring the Useless Osu Caste System to Abuja

All Nigerian Voters are equal

2 Likes

Re: Supreme Court Upheld Candidates Must Win 25% Votes In 24 States, Plus FCT by garfield1: 4:02pm On Apr 13, 2023
DMerciful:
The constitution made the president the governor of the FCT which he administer through the FCT minister.

Can you govern a people without getting just 25% legitimacy?

If he is to govern the fct,then he must win there not get 25%.why should a loser rule a territory? By the way,the president can choose to govern from any state he likes in nigeria afterall nigeria is his constituency
Re: Supreme Court Upheld Candidates Must Win 25% Votes In 24 States, Plus FCT by maintenant: 4:10pm On Apr 13, 2023
Frank688915:
why math or English? so people living in Abuja has 2 heads, the thing no just make sense
Oga, the law doent operate by sentiments...

The constitution is clear and therefore cannot be twisted to favour anybody other it will become a charade...
Re: Supreme Court Upheld Candidates Must Win 25% Votes In 24 States, Plus FCT by 9jahotblog: 4:18pm On Apr 13, 2023
OneTemplate:


Okay. Let God grant us both the health to live and see the eventual judgement to be delivered.
Amen 🙏. A good prayer here. Thanks for the prayers
Re: Supreme Court Upheld Candidates Must Win 25% Votes In 24 States, Plus FCT by JJuanMiguel: 5:10pm On Apr 13, 2023
cktheluckyman:


The law is about the contents of our constitution not logic.I personally think that section is unfair but the fact remains that as longa s it is contained in our constitution. It remans law
There's nothing in the Constitution that suggests you must get 25% in fct.
The losers here are just trying to interpret what's there to fit their current situation

If not, a candidate can get 80% in Abuja, lose in 36 states and then go to court.

1 Like

Re: Supreme Court Upheld Candidates Must Win 25% Votes In 24 States, Plus FCT by Contango(m): 5:32pm On Apr 13, 2023
Ibrahimcoomasie:

You are 100% correct.
shocked
Re: Supreme Court Upheld Candidates Must Win 25% Votes In 24 States, Plus FCT by Contango(m): 5:33pm On Apr 13, 2023
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.
The premise of your argument is null and void. So assuming a presidential candidate wins exactly 24 states and for some reasons the FCT was among the 24; then based on the provisions of your premises, he has won two-third? If FCT is considered to be a state for the purposes of the elections, that means 37 “states” are within the sample space. But two-third of 37 is mathematically 24.67 approx. Since 24.67 does not equal 24, then a candidate with 24states in which FCT is included in it cannot be declared winner of the election!

1 Like

Re: Supreme Court Upheld Candidates Must Win 25% Votes In 24 States, Plus FCT by rolams(m): 5:37pm On Apr 13, 2023
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





There is problem ooo!
Re: Supreme Court Upheld Candidates Must Win 25% Votes In 24 States, Plus FCT by Globad(f): 5:49pm On Apr 13, 2023
LuvsBeautifl:
The problem here is different interpretations has been given under different circumstances.

But the law uses "AND" FCT, which is very clear.

FCT in that clause is not regarded as one of the other states according to the electoral law.

Let's see how this plays out. But the world is watching.

Let me ask you a question

How should the constitution put it if Abuja is to be considered as a state?
Re: Supreme Court Upheld Candidates Must Win 25% Votes In 24 States, Plus FCT by baralatie(m): 5:52pm On Apr 13, 2023
Me I did not see this your judgement o
From
2003
2006
Re: Supreme Court Upheld Candidates Must Win 25% Votes In 24 States, Plus FCT by blackpanda: 6:06pm On Apr 13, 2023
Contango:

The premise of your argument is null and void. So assuming a presidential candidate wins exactly 24 states and for some reasons the FCT is among the 24; then based on the provisions of your premises, he has won two-third? If FCT is considered to be a state for the purposes of the elections, that means 37 “states” are within the sample space. But two-third of 37 is mathematically 24.67 approx. Since 24.67 does not equal 24, then a candidate with 24states in which FCT is included in it cannot be declared winner of the election!

So going by your ridiculous analogy above, which state is now the .67 Because you people like to argue as if you are not educated. Smh
Re: Supreme Court Upheld Candidates Must Win 25% Votes In 24 States, Plus FCT by wonder233: 6:12pm On Apr 13, 2023
I voted Obi and wished he won and I believe if the election hadn't been rigged, it would have gone to a run off. I don't believe Obi won, neither did Tinubu on first ballot.
This issue of FCT is a non issue. FCT in this context is the 37th state, lets stop trying to eke out what is not there.
It makes no sense singling out FCT as where a candidate must get 25%. What is the basis for that? FCT is just like anywhere else in this country where a Nigerian is free to reside.

2 Likes

Re: Supreme Court Upheld Candidates Must Win 25% Votes In 24 States, Plus FCT by 9jahotblog: 6:20pm On Apr 13, 2023
Nlfpmod kindly move it to front page, let’s here Nigerians views more . Seriously this year presidential election is very unique and significant seriously. It’s the court of justice that will decide who really won the February 25th presidential poll. What I know is that the will of the electorates will prevail in the end.
Re: Supreme Court Upheld Candidates Must Win 25% Votes In 24 States, Plus FCT by JagabanBorgu: 6:26pm On Apr 13, 2023
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
He will be removed for someone who got 25% In 16 states?
Do u 0bing0s thiñk at all?

2 Likes

Re: Supreme Court Upheld Candidates Must Win 25% Votes In 24 States, Plus FCT by blackpanda: 6:28pm On Apr 13, 2023
Contango:

The premise of your argument is null and void. So assuming a presidential candidate wins exactly 24 states and for some reasons the FCT was among the 24; then based on the provisions of your premises, he has won two-third? If FCT is considered to be a state for the purposes of the elections, that means 37 “states” are within the sample space. But two-third of 37 is mathematically 24.67 approx. Since 24.67 does not equal 24, then a candidate with 24states in which FCT is included in it cannot be declared winner of the election!

so who can be declared winner? the person that won 11 states
Re: Supreme Court Upheld Candidates Must Win 25% Votes In 24 States, Plus FCT by JOemmy(m): 6:30pm On Apr 13, 2023
Let's sit back and watch if the supreme court will throw away it's own ruling just because of the ambition of a drug lord.
Re: Supreme Court Upheld Candidates Must Win 25% Votes In 24 States, Plus FCT by Contango(m): 6:39pm On Apr 13, 2023
blackpanda:


so who can be declared winner? the person that won 11 states

Both did not meet the criteria so a re-run will follow
Re: Supreme Court Upheld Candidates Must Win 25% Votes In 24 States, Plus FCT by Contango(m): 6:42pm On Apr 13, 2023
blackpanda:


So going by your ridiculous analogy above, which state is now the .67 Because you people like to argue as if you are not educated. Smh

The bolded is exactly my point and I am glad you could see how ridiculous it is. Therefore by implication, your argument about 24 states being the benchmark for winning elections is not only illogical but quite ridiculous as you’ve pointed out yourself

1 Like

Re: Supreme Court Upheld Candidates Must Win 25% Votes In 24 States, Plus FCT by baralatie(m): 6:46pm On Apr 13, 2023
JOemmy:
Let's sit back and watch if the supreme court will throw away it's own ruling just because of the ambition of a drug lord.
Where in any supreme court delivered a judgement on the electoral status of the fact of 25% necessity.
Help me her o
Re: Supreme Court Upheld Candidates Must Win 25% Votes In 24 States, Plus FCT by abbasajao(m): 6:49pm On Apr 13, 2023
Anyone that is engaging these Obidients people is just wasting his or her precious time.

2 Likes

Re: Supreme Court Upheld Candidates Must Win 25% Votes In 24 States, Plus FCT by LuvsBeautifl: 6:52pm On Apr 13, 2023
Globad:


Let me ask you a question

How should the constitution put it if Abuja is to be considered as a state?

I don't know how it should be put in that case. All I'm saying is, the 'AND' brings a condition for both criteria where one cannot exist without the other.

Both needs to operate at thesame time irrespective of who will be favored.

2 Likes

Re: Supreme Court Upheld Candidates Must Win 25% Votes In 24 States, Plus FCT by ejimatic: 7:34pm On Apr 13, 2023
rolams:


There is problem ooo!
. To me there is no problem.
,1 The intention of the Section 134(2)(b) of the Constitution is that, the candidate, in addition to having the highest number of votes cast at the election, must also poll not less than one quarter (25%) of the votes cast at the election in each of at least two-thirds of all the States in the Federation (36 States) and the FCT (a State kind of), thereby making it 25% of votes cast in at least 2/3 of 37 States. 2/3 of 37 is 24.6. Since no half of a state so we look at 27 as the 2/3 of 37 states

2 I also believe that where there are two possible meanings conveyed by the words of a statute or the Constitution, it is the most reasonable one. that will be taken so as to avoid absurdity..
3. The issue under reference was before the Supreme Court, in 2003 in the case of Buhari Vs Obasanjo (2003) All NLR 168, the apex court iheld that if there’s any issue on the provision of Section 134(2), they’ll toe the part that accords with common sense. They further undertook that the court is bound to adopt a construction which is just, reasonable and sensible.
4 what will now be more sensible ? To take Abuja asa soecial entity or to give him a toga of a state as decided by SC in earlier Judgements? In my opinion Having 2/3 majority votes cast in 37 states is more logical .
Re: Supreme Court Upheld Candidates Must Win 25% Votes In 24 States, Plus FCT by Globad(f): 7:55pm On Apr 13, 2023
LuvsBeautifl:


I don't know how it should be put in that case. All I'm saying is, the 'AND' brings a condition for both criteria where one cannot exist without the other.

Both needs to operate at thesame time irrespective of who will be favored.

You should have an idea of how it should be put especially if you want to give an opinion on the meaning of "AND"

If those who wrote that clause tell you that what you've written isn't what they meant, how would you have told them to write it?

There's a difference between:

A. 25% of 36 states AND FCT

B. 25% of 36 states AND 25% of FCT

Option B is what you guys have in mind
Re: Supreme Court Upheld Candidates Must Win 25% Votes In 24 States, Plus FCT by garfield1: 8:51pm On Apr 13, 2023
rolams:


There is problem ooo!

Where
Re: Supreme Court Upheld Candidates Must Win 25% Votes In 24 States, Plus FCT by CSTRR: 8:53pm On Apr 13, 2023
Houseontherock1:
Even if the constitution says FCT voters are more Nigerian than the rest of us (which the constitution also clearly states all votes are equal), do you think Obi will be given the mandate from his third position with 25% in 12 states just because he won the FCT but failed other criteria? In all sincerity, do you think Obi will win Lagos now even if they do the election again? Think!
Hope Uzodinma became governor from fourth position.

The gap between tinubu and obi is just 2 million.

Transfer just 10 votes from apc to labour across all the polling units in Nigeria and labour automatically becomes the highest number of votes.

just 10 votes.

And we know APC rigged in thousands and thousands.
Even the votes labour got in lagos was far more than that. That is what the pdp said based on results from their own agents on ground.
Re: Supreme Court Upheld Candidates Must Win 25% Votes In 24 States, Plus FCT by baralatie(m): 8:54pm On Apr 13, 2023
Globad:


You should have an idea of how it should be put especially if you want to give an opinion on the meaning of "AND"

If those who wrote that clause tell you that what you've written isn't what they meant, how would you have told them to write it?

There's a difference between:

A. 25% of 36 states AND FCT

B. 25% of 36 states AND 25% of FCT

Option B is what you guys have in mind

1 Like

Re: Supreme Court Upheld Candidates Must Win 25% Votes In 24 States, Plus FCT by Omoawoke: 9:14pm On Apr 13, 2023
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

Wait oo, I’m really getting confused by this height of stupidity.
Are u saying that if a candidate wins 36 states and did not win FCT. He will not be sworn in?
Re: Supreme Court Upheld Candidates Must Win 25% Votes In 24 States, Plus FCT by hardbody: 9:34pm On Apr 13, 2023
Beremx:
Plus FCT, And FCT... The difference is clear

There is something we call *legislative language* and also language of law. *Plus FCT* is a construction unknown to legislative construction. It's not a document of market women or village meetings.

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