₦airaland Forum

Omowale2023:
Show me.

In 1979,justice obaseki said when the court is faced with two conflicting statutes,they will choose the one that is meaningful,easy,less absurd and useful,less ambiguous for the framers of the law do not intend confusion or absurdity.
In 2003,they repeated the same thing.in 2019,justice onnoghen said same thing and in 2021 justice ekun said same thing.
Whenever issues of fct come up,they always maintain that fct is like a state and that it is neither superior nor inferior to any state.can you now see the direction they will take?

Please oo. You must score 4 credits and 1 A to be admitted in unilag. If I score 4 credits without 1A Will I still be admitted.
See we are watching this bastard criminals in Nigeria. They want to deny the law because it does not favor Thief Tinubu. Evil people.

garfield1:
I dont write based on emotions thats why I am the best analyst here.the judiciary interpret the laws and in their interpretation apply commonsensical and they do what we call judicial lawmaking by rewriting it through interpretation.the supreme court has stated that once theres ambiguity in the constitution, they choose the one that makes more sense for the framers and lawmakers do not intend to create absurdity or confusion..

Literal interpretation is the first step. And please what's ambiguous about that ortion of the law except that people just want to push their personal opinion and agenda.

Greenbirth:
Please oo. You must score 4 credits and 1 A to be admitted in unilag. If I score 4 credits without 1A Will I still be admitted.
See we are watching this bastard criminals in Nigeria. They want to deny the law because it does not favor Thief Tinubu. Evil people.

simple analysis of winning Nigeria presidential election with having 25% in the fct

Omowale2023:
FACT FILE: Supreme Court established 25% in FCT mandatory to win presidential election in Buhari vs Obasanjo.

More evidence has shown that it is mandatory to get at least 25 per cent of votes cast in the Federal Capital Territory (FCT), Abuja, in order to win the presidential election in Nigeria.

The latest evidence arose from another scrutiny of the Supreme Court ruling in the case between Muhammadu Buhari, the then candidate of the All Nigeria Peoples Party (ANPP), and Olusegun Obasanjo, the then Peoples Democratic Party’s (PDP) candidate, on Friday, July 15, 2005, by Mr. Dokun Ojomo.

According to Mr. Ojomo, in the ruling, the apex court had upheld that presidential candidates must win 25 per cent of all votes cast in 24 states, as well as the Federal Capital Territory, Abuja.

Commenting on the outcome of the 2003 Presidential Election Petition Tribunal (PEPT) and the 25% in FCT saga, Ojomo wrote:
“After the 2003 elections, Buhari called for the cancellation of the election since Obasanjo failed to win in FCT but it was resolved that winning the FCT is not mandatory but having 25% in FCT is very mandatory".

“President Obasanjo back then satisfied the basic requirements of 25% in 24 States AND 25% in FCT also having the highest number of total valid votes cast".

“It was also stated that if there was no election in Abuja or election in Abuja was canceled, the election will automatically go into re-run regardless of satisfying other requirements which validated the importance & exceptional factor of FCT in our constitution"

“It was established in 2003 by those justices that 25% in FCT is as mandatory as having highest number of total valid vote cast to win an election in Nigeria.”

He noted that the Justices that resolved the FCT case between Obasanjo and Buhari were Justice Mohammed Lawal, Justice Idris kutigi, Justice Denis Edozie, Justice Sam Odemwingie, Justice Aloysius Iyorgyer, Justice Umaru Kalgo, and Justice Ignatius Chukwudi.

In its publication on April 12, 2023, News Band had reported more clarity regarding the correct interpretation of ‘the 25 per cent of all votes cast’ in the Federal Capital Territory.

In the Supreme Court 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.

One of the cruxes of the matter for determination in Buhari v. Obasanjo [2005] was Section 134(1 & 2) of the Constitution which said:

“(1) A candidate for an election to the office of President shall be deemed to have been duly elected, where, there being only two candidates for the election:

(a) he has the majority of votes cast at the election; and,

(b) he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja.

“(2) A candidate for an election to the office of President shall be deemed to have been duly elected where, there being more than two candidates for the election: (b) he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja.”

The report stated:

“The trial of the petition, which lasted about 15 months, began before the Court of Appeal (Abdullahi, PC.A., Mahmud Mohammed, J.C.A. (as he then was) Nsofor and Tabai, C.A) on the 25th day of September, 2003, ended on the 20th day of December, 2004.

“The court heard the 139 witnesses called by the 1st and 2nd petitioners (1st and 2nd appellants/cross-appellants), the 100 witnesses called by the 1st and 2nd respondents (1st and 2nd respondents/ appellants) and the 116 witnesses called by the 3rd and 6th to 268th respondents (3rd and 6th to 268th respondents/cross respondents), being altogether 355 witnesses.

“In the leading judgment of the Court of Appeal, delivered by Tabai, J.CA., (with Nsofor J.C.A. dissenting,) the court held as follows:

“”I have considered the evidence in support of the allegations in each of the 14 States which elections (sic) were questioned. And in the exercise I have cancelled the election in Ogun State, some Local Government Areas, Wards and Units.

“”The question is the effect (sic) of this annulment on the election in the country. For the determinations (sic) of this question I refer to the provisions of section 134(2) of the 1999 Constitution of the Federal Republic of Nigeria.

“”Section 134(2) of the Constitution provides:
““A candidate for an election to the office of president shall be deemed to have been duly elected where, there being more than two candidates for the election — (a) he has the highest number of votes cast at the election; and (b) he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja.”

“”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 appreciate any ambiguity in the provisor 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).

“”In my view, it would lead to absurdity and manifest injustice to nullify the election for the entire nation because of the nullification of the election of one State, some Local Government Areas, Wards and Units.

“”Such a devastating result could hardly have been contemplated by the framers of the Constitution.

“”Learned counsel for the 1st and 2nd appellants/cross-appellants, Chief Mike Ahamba, Senior Advocate of Nigeria, in the amended brief of argument filed on their behalf, has formulated 18 issues for determination to cover the 41 grounds of appeal filed.””

SOURCE; https://nkirukanistoran.com/archives-supreme-court-upheld-candidates-must-win-25-votes-in-24-states-plus-25-in-fct-in-buhari-v-obasanjo-2005/

NLFPMOD
MYND44
SEUN

The earlier you go and study the new electoral act, the better for you and all the olodo like you that are still in shock.

Omowale2023:
I have a question for you to answer.

Question 1;
You need credits in 4 subjects and English language.
What does it mean?

Question 2;
There are 36 mangoes and 1 Apple in a bowl, I told you to give me 24 Mangoes and 1 Apple from the same bowl.
What does that mean?

Oga , election is neither subjects not fruits. Face reality head on. It's like denying you a citizenship of Nigeria because you have lived all your life in Anambra and never live nor visit Abuja. It doesn't make any sense.

Will Pandora now be made president because he scored 25% in Abuja after bagging least votes among the three front runners?

Draslo:
So by your logic, getting 100% of votes in FCT guarantees you a seat in Aso Rock? Lol. As far as elections are concerned FCT will be deemed a state and will be treated as onw

Did you understand the article?
Nobody said winning FCT only gives you the seat but you can't be president without getting 25% of it

garfield1:
Making 25% in fct mandatory means elevating fct above all other states.if votes were equal,the constitution would have required the president getting 25% in all the states or in at least 25 states inclusive of fct.

25% is not enough to say it's elevation over other states.

Buhari exploited this same loophole in 2003 but was found out that Obj had 25% at least.
Why didn't he use that analogy for other states where Obj lost ? It shows that FCT 25% is compulsory.

garfield1:
The constitution never said so.if they meant it,they would have also included it for governors.it would have said and in the fct or and also in the fct.saying and the fct could mean many things.right from kindergarten stage,we where told that Nigeria is made up of 36 states and fct not 36 state including the fct.therefore,the framers had this in mind when framing the constitution

FCT is not a state. Are you drunk or something?
The framers had what in mind? Mind reader

InyinyaAgbaOku:
25% is not enough to say it's elevation over other states.

Buhari exploited this same loophole in 2003 but was found out that Obj had 25% at least.
Why didn't he use that analogy for other states where Obj lost ? It shows that FCT 25% is compulsory.

It shows nothing because you lied.obj won fct in 2003

Spy360:
Literal interpretation is the first step. And please what's ambiguous about that ortion of the law except that people just want to push their personal opinion and agenda.

True,the supreme court starts a judgment interpretation with literal interpretation and fortunately, all texts or referrals about Nigeria's component units say 36 states and fct which the framers meant innocently.if theres no ambiguity, we won't be here arguing.the apex court will simply choose the least ambiguous interpretation

InyinyaAgbaOku:
FCT is not a state. Are you drunk or something?
The framers had what in mind? Mind reader

I should ask if you are ok.if you are high so early,don't think others are so undisciplined and loose.in any case,the apex court will certainly rule in favour of tinubu so save yourself the trouble

Greenbirth:
Please oo. You must score 4 credits and 1 A to be admitted in unilag. If I score 4 credits without 1A Will I still be admitted.
See we are watching this bastard criminals in Nigeria. They want to deny the law because it does not favor Thief Tinubu. Evil people.

cc: inyinyaagbaoku:

IGNORANCE OF THE LAW, HAS NEVER BEEN ACCEPTED IN LAW AS AN EXCUSE.

Garfield1 is correct:

299. The provisions of this Constitution shall apply to the Federal Capital Territory, Abuja as if it were one of the States of the Federation; and accordingly -

(a) 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 foregoing provisions are courts established for the Federal Capital Territory, Abuja;

(b) all the powers referred to in paragraph (a) of this section shall be exercised in accordance with the provisions of this Constitution; and

(c) the provisions of this 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 this section.

garfield1:
True,the supreme court starts a judgment interpretation with literal interpretation and fortunately, all texts or referrals about Nigeria's component units say 36 states and fct which the framers meant innocently.if theres no ambiguity, we won't be here arguing.the apex court will simply choose the least ambiguous interpretation

Section 299 of the constitution of 1999 as Amended has doused any ambiguity.

Kentursky:
This is trash for the bin.

It's trash because it doesn't favour your candidate??

Sometimes i wonder what sort of country you guys are praying to have!

Draslo:
So by your logic, getting 100% of votes in FCT guarantees you a seat in Aso Rock? Lol. As far as elections are concerned FCT will be deemed a state and will be treated as onw

Why do you have need to twist what was clearly stated in the article?.

blacknp:
cc: inyinyaagbaoku:

IGNORANCE OF THE LAW, HAS NEVER BEEN ACCEPTED IN LAW AS AN EXCUSE.

Garfield1 is correct:

299. The provisions of this Constitution shall apply to the Federal Capital Territory, Abuja as if it were one of the States of the Federation; and accordingly -

(a) 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 foregoing provisions are courts established for the Federal Capital Territory, Abuja;

(b) all the powers referred to in paragraph (a) of this section shall be exercised in accordance with the provisions of this Constitution; and

(c) the provisions of this 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 this section.

Before you marry my daughter, you must come with 10 family members and your father.

In other words, your father must be present.

And you said a lot of things without hitting the point. Even the comment you quoted missed it.

blacknp:
cc: inyinyaagbaoku:

IGNORANCE OF THE LAW, HAS NEVER BEEN ACCEPTED IN LAW AS AN EXCUSE.

Garfield1 is correct:

299. The provisions of this Constitution shall apply to the Federal Capital Territory, Abuja as if it were one of the States of the Federation; and accordingly -

(a) 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 foregoing provisions are courts established for the Federal Capital Territory, Abuja;

(b) all the powers referred to in paragraph (a) of this section shall be exercised in accordance with the provisions of this Constitution; and

(c) the provisions of this 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 this section.

You won't be admitted without the 1 A.

What are you people smoking?

garfield1:
I should ask if you are ok.if you are high so early,don't think others are so undisciplined and loose.in any case,the apex court will certainly rule in favour of tinubu so save yourself the trouble

Yeah, if the judges are going to bend the law

garfield1:
True,the supreme court starts a judgment interpretation with literal interpretation and fortunately, all texts or referrals about Nigeria's component units say 36 states and fct which the framers meant innocently.if theres no ambiguity, we won't be here arguing.the apex court will simply choose the least ambiguous interpretation

My brother, there's nothing ambiguous except when we want to push our own opinions.

The law is written is simple and clear English.

Whatever issues you have with 25% in FCT is the same issue with 25% in 24states. This is because, the northern regions have more states than the south. The SE for example have just 5states which becomes a disadvantage for a south eastern when constesting with someone from the north west for example that has 7states.

The fact is that no matter our biases, agenda, and personal opinions which may be honest intentions, the law can only be interpreted in black and white with eyes closed.

I bow to your submission that the SC will do justice to the law.

On a separate note my friend, what do you think about Shettima's double nomination?

Spy360:
My brother, there's nothing ambiguous except when we want to push our own opinions.

The law is written is simple and clear English.

Whatever issues you have with 25% in FCT is the same issue with 25% in 24states. This is because, the northern regions have more states than the south. The SE for example have just 5states which becomes a disadvantage for a south eastern when constesting with someone from the north west for example that has 7states.

The fact is that no matter our biases, agenda, and personal opinions which may be honest intentions, the law can only be interpreted in black and white with eyes closed.

I bow to your submission that the SC will do justice to the law.

On a separate note my friend, what do you think about Shettima's double nomination?

I like your submissions.there are various situations where parts of the constitution or some laws are absurd and ridiculous and the courts interpret it in the simplest possible manner.the apex court usually favour incumbents heavily in their rulings if you examine their rulings for instance in buhari cert issue,gov lalong,ayade and abiodun's qualifications and several others.only uzodinma was able to outsmart them.

Concerning shettima case,the best reference will be uche nwosu vs app.again,it seems the electoral act has been amended to replace disq with imprisonment as a penalty for double nomination.moreover,the appeal court recently dismissed the case saying pdp does not have locus.
Looking at the merits,the intendment is to prevent someone from being a candidate for two different posts or better still contest two different primaries.shettima contested only one primary not two.he resigned from the Senate on the 6th and was nominated for vp on 14th.as of when inec published the initial and final lists of candidates,he was having one nomination.again,it seems that the case is a pre election matter that should have been brought two weeks after publication of names

InyinyaAgbaOku:
Yeah, if the judges are going to bend the law

They always bend it for incumbents and when necessary

blacknp:
Section 299 of the constitution of 1999 as Amended has doused any ambiguity.

I think section 41 and 42

SpatialKing:
Exactly

So please FCT can not be deem a state in this matter

The constitution already explicitly stated that the FCT be treated as if it were a State.

SpatialKing:
You are actually reading it blindly...
Universally all votes are equal that's why AND FCT is mandatory...
If all votes weren't equal only the votes from a particular region is enough to make a candidate president...

The requirements for winning;

1) Simple majority.

2) 25% in two thirds of the Federation which is a measure of SPREAD.

The FCT is not superior to 24 States.

SpatialKing:
But the constitution already requires him to get 25% of FCT already... He should meet the requirements first..

If the constitution want the president to get 25% in the FCT, it would been written specifically like this;


'a quarter of all the votes cast in two thirds of all the States and IN the FCT'

SpatialKing:
Nobody is elevating FCT
Talking about equality
13 million votes were against 8 million
Are you saying 8 million is greater than 13 million

All votes are equal in all states AND FCT

So since all votes are equal then 25% FCT votes is also equal to votes from other states....

When you make 25% in FCT compulsory, then the votes in FCT is automatically superior to other votes.

Look at the likely scenario you will create

*All candidates will make getting maximal votes in the FCT a do or die affairs

*Many candidates will urge people from their ethnic groups to transfer their polling units from several States to the FCT which will become chaotic

* All candidates will concentrate on the FCT: with all kinds of intimidation, rigging and this will lead to violence.


There is no country where such compulsory 25% in FCT is required to win presidential election

Penguin2:
University of Lagos said if you will be admitted to study law, you must make 5 credits including English and Mathematics.

Now, you went ahead to score 8 credits and failed English, do you have any ground to insist that Unilag should admit you to study law🤔?

But the constitution did use 'including the FCT'


Your analogy is dead on arrival

SpatialKing:
Exactly

So please FCT can not be deem a state in this matter

The Judgement the OP posted said the FCT should be treated as if it were one of the States. The constitution also stipulate this

garfield1:
I like your submissions.there are various situations where parts of the constitution or some laws are absurd and ridiculous and the courts interpret it in the simplest possible manner.the apex court usually favour incumbents heavily in their rulings if you examine their rulings for instance in buhari cert issue,gov lalong,ayade and abiodun's qualifications and several others.only uzodinma was able to outsmart them.

Concerning shettima case,the best reference will be uche nwosu vs app.again,it seems the electoral act has been amended to replace disq with imprisonment as a penalty for double nomination.moreover,the appeal court recently dismissed the case saying pdp does not have locus.
Looking at the merits,the intendment is to prevent someone from being a candidate for two different posts or better still contest two different primaries.shettima contested only one primary not two.he resigned from the Senate on the 6th and was nominated for vp on 14th.as of when inec published the initial and final lists of candidates,he was having one nomination.again,it seems that the case is a pre election matter that should have been brought two weeks after publication of names

I think he submitted his withdrawal letter a day after his nomination which should disqualify him. However, I will go with your point that it's a pre-election matter and probably the court may also see it as an internal affair.

Spy360:
I think he submitted his withdrawal letter a day after his nomination which should disqualify him. However, I will go with your point that it's a pre-election matter and probably the court may also see it as an internal affair.

Mere offences cannot disq someone.it must be something of fundamental nature that is something that made him gain undue advantage which he would never have gotten or something that prevented someone else from benefitting.his action didnt give him undue advantage and someone else was nominated eventually for the borno central senate...the truth is none of the charges will stick except obi has enough evidence to show he won or there was massive rigging requiring cancellations

oyatz:
The constitution already explicitly stated that the FCT be treated as if it were a State.

Exactly
If it is treated as a state the president should be treated (act) as the governor...
Hence, the 25% in FCT