₦airaland Forum

garfield1:
Concerning fct,for the first time,you are correct.if you reason objectively like this,you will go far.I read atiku's petition today and discovered that atiku lawyers segmented those two requirements into three instead of two as the constitution demanded.
1) highest votes cast
2 two third spread

But atiku added fct 25% as the third requirement which means the intendment of the framers is two not three preconditions.

Concerning bvas,there is no assumption or presumption in court. it is all about cold facts.obi never inspected bvas and couldn't get any evidence.whether it is inec fault or not is irrelevant. He failed on that

The 25% requirement is subject to interpretation, it’s not a plain indisputable requirement, the courts will make a determination based on arguments presented to them. My opinion is just a postulation

At the bolded, Peter will present his own evidence in court that shows he won the election, and based on INEC’s refusal to allow their data to be verified despite court order, they have lost their right of being the holder of the authentic data

It's simple logic. You conducted the election. Aggrieved parties claim that you manipulated the election results and you were ordered to allow them to inspect your data but you refused, based on that, I have no choice but to accept their evidence. You have lost your privilege of being the holder of the authentic data, I am convinced that the evidence they presented is correct.

socialmediaman:
The 25% requirement is subject to interpretation, it’s not a plain indisputable requirement, the courts will make a determination based on arguments presented to them. My opinion is just a postulation

At the bolded, Peter will present his own evidence in court that shows he won the election, and based on INEC’s refusal to allow their data to be verified despite court order, they have lost their right of being the holder of the authentic data

It's simple logic. You conducted the election. Aggrieved parties claim that you manipulated the election results and you were ordered to allow them to inspect your data but you refused, based on that, I have no choice but to accept their evidence. You have lost your privilege of being the holder of the authentic data, I am convinced that the evidence they presented is correct.

The court does not work that wat sir.the court works on evidence.I can cite several judgments where people were stopped from getting access to inec or party materials and went to court yet court quarrelled but still ruled against them.see maihaja vs gaidam 2015 supra,oni vs oyebanji,dagogo vs pdp supra.you can cite anything to support yours so leave it.

Once it comes to constitutional matters,the court have a predetermined mindset or have already decided and are not moved by arguments.the court have already shown where they will rule based on the fct matter.

Finally,the apex court yesterday stated that it is not compulsory for inec to transmit results.I think obi and atiku case is over.see below.

"Delivering judgment in Oyetola’s appeal, Emmanuel Agim, who read the lead judgment, said the former governor and his party failed to tender relevant materials such as the BVAS from the 744 polling units in the state, INEC voters’ register or form EC8A showing the number of votes cast at each unit.

“It is glaring that the appellant did not provide in evidence, any BVAS, but sought to prove over-voting by means of a report of examination of INEC’s database or backend server,” Agim said.

The court held that the information from the BVR relied on by petitioners was not a direct record of the number of accredited voters but third-hand evidence derived from the database which is second-hand evidence derived from transmissions from the BVAS.

The apex court also noted that the information at the backend saver might not be accurate because the BVAS might fail to transmit records for several reasons including poor internet connection, loss of battery power, and failure of INEC officials to properly press the submit button among others.

“So the database or any extract of it contains only what is transmitted from the BVAS to it and therefore, cannot be a complete and accurate record of the information in the BVAS,” Agim added.

The court further said that no law requires presiding officers to transmit the number of accredited voters or accreditation of the polls to the database or backend server of INEC by BVAS.

“Therefore, the case of the petitioners that the presiding officers were bound to instantly or on-the-spot transmit the number of accredited voters in the BVAS to the backend server of INEC, has no support,” he said.

“In the light of the foregoing, I hold that it is the record in the BVAS machine of the accredited voters or a certified true copy of an INEC certificate of that record for each polling unit that can prove the number of accredited voters in a polling unit on the day of the election and nothing else.”

The court discountenanced the argument of the petitioners that the voters register was not relevant.

Relying on the INEC regulations for the conduct of elections and the electoral act, the court pointed ot that the voters register was still relevant in voter accreditation and is to be used as well with the BVAS machine.

“It is glaring from the foregoing that the appellants did not adduce relevant admissible evidence to prove non-accreditation of voters, improper accreditation of voters and over-voting. By virtue of section 131 and section 133(1)(2) of the evidence act, the appellants had the primary legal burden to prove the facts asserted by them in their petition.”

“The court of appeal correctly found that the appellants failed to prove grounds two and three of their petition and correctly allowed the appeal on those grounds to set aside the decision of the tribunal.”

Enice:
Oga! FCT is not a state that's why the "and" is use. You cannot group two different things together. When you want to state a total of two different items you use and. For example number of students in a class is 14 boys and 2 girls. That is why the and is used. Aggregation of the states and FCT.

At the bolded, if I ask you to call for me 50% of the boys and girls, would you call for me only 7 boys without calling any girl?

iSense247:
At the bolded, if I ask you to call for me 50% of the boys and girls, would you call for me only 7 boys without calling any girl?

the constitution is not 2+2=4. It's like a Bible, you don't read it literally. There's a caveat that says for the interpretation of the constitution, the FCT should be seen as a state. Now if you look at it from that angle, it's like saying (to your question) " call for me 50% of the students, ie boys and girls or boys or girls so long as 50% of students is represented

Enice:
the constitution is not 2+2=4. It's like a Bible, you don't read it literally. There's a caveat that says for the interpretation of the constitution, the FCT should be seen as a state. Now if you look at it from that angle, it's like saying (to your question) " call for me 50% of the students, ie boys and girls or boys or girls so long as 50% of students is represented

Are you saying what is written in the constitution is not what it means? You are deliberately complicating it so as to confuse yourself to soothe your mind. That portion of the constitution is simple, clear and easy to understand even to a primary school drop out. Whenever and is used to join two words or clauses together, it shows the two words or clauses are distinctingly concerned. If I tell you to give me 50% of your incomes and gifts. Would you give me only 50% of your incomes only without adding that of your gifts?

The fact$$$$
1. On realizing that Buhari was not going to allow him rig the last presidential election and that the election permutations was not in his favor, Tinubu rushed to the Saudis, IOC and UAE to report Buhari.
2. He Tinubu showed the Saudis and IOC the doctored PO conversation with Oyedepo. He accused po of going to advance Christianity in Nigeria and should never be allowed.
3. He assured the Saudis and IOC of his commitment to advancing Islam in Nigeria starting with his mu mu ticket.
4. The Saudis and IOC summoned Buhari, instructed him to ensure that BAT wins the election at all costs.
5. Buhari that was not supporting BAT changed his mind. First he showed his supporters whom to vote for by publicly displaying his ballot paper.
6. He instructed Yakubu to return BAT at all cost
7. That’s why Yakubu had the temerity to return BAT at all costs despite the glaring rigging and BAT not meeting the stipulated requirements.
8. He Buhari knows that BAT was not the best choice for Nigeria that’s why he has been going around asking for forgiveness. People may not know why.
TheFactMan is aware $$$

iSense247:
Are you saying what is written in the constitution is not what it means? You are deliberately complicating it so as to confuse yourself to soothe your mind. That portion of the constitution is simple, clear and easy to understand even to a primary school drop out. Whenever and is used to join two words or clauses together, it shows the two words or clauses are distinctingly concerned. If I tell you to give me 50% of your incomes and gifts. Would you give me only 50% of your incomes only without adding that of your gifts?

Oga, the constitution says "for the purpose of interpretation, the FCT should be seen as a state" , that is, the girls should be seen as boys. That means if you say there are 16 boys in the class, you are correct, but everyone has to be identified properly hence the 14 boys and 2 girls

Enice:
Oga, the constitution says "for the purpose of interpretation, the FCT should be seen as a state" , that is, the girls should be seen as boys. That means if you say there are 16 boys in the class, you are correct, but everyone has to be identified properly hence the 14 boys and 2 girls

Interpretation in the absence of ambiguity for statement that is written in layman language. You want to use quadratic formula to solve circumference of a circle. This is like intentionally making simple thing complex.

oyatz:
You are introducing another question (with different analogy) in stead of answering the question.

I was not asking any question but giving you more simple examples to aid your understanding. To let you know that tutology of prepositions cannot not change meaning of a sentence.

iSense247:
Interpretation in the absence of ambiguity for statement that is written in layman language. You want to use quadratic formula to solve circumference of a circle. This is like intentionally making simple thing complex.

there's no quadratic equation here. The constitution says FCT should be seen as a state. If FCT is a state, then your almighty "AND" which you've been brandishing all over the forum become useless. It means the and is just separating two different items that may be interpreted as the same.

Newton2024:
I was not asking any question but giving you more simple examples to aid your understanding. To let you know that tutology of prepositions cannot not change meaning of a sentence.

Look at the Sub-sections dealing with requirements to be elected and they are two, not three.


1) Simple Majority
2) Spread as determined by 'a quarter of the votes cast in at least two third of Abia, Adamawa,Bauchi, Bayelsa, Delta,Edo,Enugu...............and the FCT.


There is a single 'IN' followed by the places which are taking as a unit (the whole country). If there are meant to be taken differently, it would have been written in


Three Sub-sections
There would have been two different 'IN' i.e

IN the States and IN the FCT.

oyatz:
Look at the Sub-sections dealing with requirements to be elected and they are two, not three.


1) Simple Majority
2) Spread as determined by 'a quarter of the votes cast in at least two third of Abia, Adamawa,Bauchi, Bayelsa, Delta,Edo,Enugu...............and the FCT.


There is a single 'IN' followed by the places which are taking as a unit (the whole country). If there are meant to be taken differently, it would have been written in


Three Sub-sections
There would have been two different 'IN' i.e

IN the States and IN the FCT.

At the bolded, don't you think or would have been used if 25% in FCT is optional. What your #2 means is that 2/3 of each state must provide at least 1/4 of votes. It's like you are even complicating the matter more.

Enice:
there's no quadratic equation here. The constitution says FCT should be seen as a state. If FCT is a state, then your almighty "AND" which you've been brandishing all over the forum become useless. It means the and is just separating two different items that may be interpreted as the same.

Can you quote the portion of the constitution that supports the bolded? If constitution says FCT should be seen as a state, why the need for specifically mentioning it again since it's already seen as a state? Why was no any other state not mentioned? Who is the governor of FCT? Your sincere answers to this questions will show you that was INEC president-select.

iSense247:
Can you quote the portion of the constitution that supports the bolded? If constitution says FCT should be seen as a state, why the need for specifically mentioning it again since it's already seen as a state? Why was no any other state not mentioned? Who is the governor of FCT? Your sincere answers to this questions will show you that was INEC president-select.

Section 299 of the Constitution of the Federal Republic of Nigeria
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 -
More: https://jurist.ng/constitution/sec-299

The need to specifically mention it is because it is not a state. Like I illustrated earlier, if in a school of 14 boys and 2girls, the law of the school states that everyone should be seen as boys, that will not make the girls to be boys but the laws will be applied to them as if the were boys. Therefore you cannot say there are 16boys in the school but 14boys and 2girls. You have to be specific so as not to create ambiguity