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Nairaland Forum / Nairaland / General / Politics / Legal Implications Of Buhari Losing All The Wards In FCT (9834 Views)
INEC Suspends Election In 9 Wards In Kogi, To Investigate & Sanction Staff / Ize-Iyamu Campaigns At Night In Ugboha Wards In Esan South LGA (Photos) / 'Buhari Pressuring INEC To Cancel Abuja Results After Losing All Wards In FCT' (2) (3) (4)
Re: Legal Implications Of Buhari Losing All The Wards In FCT by Nobody: 1:53am On Feb 25, 2019 |
Giddiebabalaw:so if he dosent have 25% but he won more states thank atiku fa. What rubbish |
Re: Legal Implications Of Buhari Losing All The Wards In FCT by Nobody: 3:00am On Feb 25, 2019 |
lafuria1:Win 2/3 of 36 states plus FCT, but you must not win FCT very contradicting statement. Even if this is true, it will favour PDP cause APC have less then 10% in most states in the south. |
Re: Legal Implications Of Buhari Losing All The Wards In FCT by dorodee(m): 3:38am On Feb 25, 2019 |
PMB has lost alot of goodwill... even if he's pronounced winner how can he lead a people that don't believe in him. Na Osinbajo I pity pass, he failed the church. 3 Likes |
Re: Legal Implications Of Buhari Losing All The Wards In FCT by Nobody: 4:01am On Feb 25, 2019 |
SEEING COMMENTS LIKE THESE FROM SO CALLED YOUTHS OF NIGERIA MAKES ONE ALMOST AGREE THAT, WE ACTUALLY HAVE MANY LAZY YOOTS IN THE COUNTRY. NO WONDER POVERTY IS ON THE INCREASE. PEOPLE ARE JUST COMMENTING NON-SENSE WITHOUT EVEN USING GOOGLE TO AT LEAST GET INFORMATION. Well for the OP that asked, below is what Nigeria's constitution says and a simplified explanation for those with low comprehension ability. Section 134(2) of the 1999 CFRN provides as follows: (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- (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 each of at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja. Explanation: Since there are more than two candidates in the elections (about 70, based on INEC’s count), this is the relevant section that applies to the 2019 election. The winner, according to the law, will be the candidate with the highest number of votes by simple majority and at least ¼ of votes cast in at least each of any 24 States in Nigeria, that is 2/3 majority But what happens if nobody meets the above conditions? Here is what Section 134(3) prescribes: (3) In default of a candidate duly elected in accordance with subsection (2) of this section, there shall be a second election in accordance with subsection (4) of this section at which the only candidates shall be – (a) the candidate who scored the highest number of votes at any election held in accordance with the said subsection (2) of this section; and (b) one among the remaining candidates who have a majority of votes in the highest number of States, so however that where there is more than one candidate with a majority of votes in the highest number of States, the candidate among them with the highest total of votes cast at the election shall be the second candidate for the election. Explanation: If no winner emerges tomorrow based on an application of the provisions of s.134 (2), for instance, if the person with the highest number of votes does not get up to 25% of the votes in each of at least 24 states of the federation, then INEC shall conduct a second election. That second election will feature the candidate who has the highest number of votes and the candidate with the majority votes in the highest number of states. But if we have a situation where more than one candidate has majority of votes in the highest number of states, for instance, two candidates won the majority in 14 states each, then the one who will participate in the second election shall be the person with the highest total number of votes among them. All of that brings us to Section 134(4): (4) In default of a candidate duly elected under the foregoing subsections, the Independent National Electoral Commission shall within seven days of the result of the election held under the said subsections, arrange for an election between the two candidates and a candidate at such election shall be deemed elected to the office of President if – (a) he has a 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. Explanation: Within 7 days of the result of the main election, where there is no clear winner, INEC shall conduct the second election between the two candidates in line with s.134 (3). The winner of that second election must poll the highest number of votes by simple majority across the Nation and at least ¼ of votes cast in at least each of any 24 States in Nigeria, i.e. 2/3 majority principle. But what if this condition is also not met? Section 134(5) prescribes the final solution: (5) In default of a candidate duly elected under subsection (4) of this section, the Independent National Electoral Commission shall, within seven days of the result of the election held under the aforesaid subsection (4), arrange for another election between the two candidates to which the subsection relates and a candidate at such election shall be deemed to have been duly elected to the office of President, if he has a majority of the votes cast at the election. Explanation: Where no winner emerges after the second election, INEC shall within 7 days from the date of the result of the second election arrange for another election (a third one) between the two candidates who took part in the second election and the Candidate with the highest number of votes by a simple majority shall be declared the duly elected President. 4 Likes 1 Share |
Re: Legal Implications Of Buhari Losing All The Wards In FCT by alezzy13: 4:02am On Feb 25, 2019 |
AlPeter: It's as simple as that. I really wonder where the confusion is coming from. But seriously poeple should reason it: What on Earth would make FCT so special that the framers of our law would make it mandatory that a candidate garner 25% votes there to win? Did you say federal capital? I laugh in Greek. It's not done ANYWHERE IN THE WORLD. So why was FCT separated? Well I can hazard two reasons: Like others have noted FCT is not a state and secondly 2/3 of 37 states/territory would lead to the fractionalzation crisis similar to the second replublic (look up Shagari vs Awolowo). The framers were obviously careful in thier choice of words FYI I'm not an APC fan but theres really no issue here. PMB can get 0 votes in the whole of FCT but as long as he gets his required 25% in ANY 24states, he will be sworn in. 2 Likes |
Re: Legal Implications Of Buhari Losing All The Wards In FCT by Nobody: 4:29am On Feb 25, 2019 |
alezzy13: well said. the problem in this country is that many youths are intellectually lazy. they can run to comment on every post but cant use just 1mb of data to do simple research before talking rubbish online. No wonder poverty will continue to rise. How can i as an employer employ lazy folks like these? These are the people shouting that there are no jobs. it is really a pity. smh. I even had to post the conditions to be declared winner as stated in the constitution in my previous post. but trust these guys, they also too lazy to read informative post 2 Likes |
Re: Legal Implications Of Buhari Losing All The Wards In FCT by Konki: 4:33am On Feb 25, 2019 |
TooMuchStuff: Chai, do you mean PYO IS NO LONGER A CHRISTIAN? KAI BABA |
Re: Legal Implications Of Buhari Losing All The Wards In FCT by Konki: 4:34am On Feb 25, 2019 |
couragemurphy: Same lazy youths said NO to a non lazy president! 2 Likes |
Re: Legal Implications Of Buhari Losing All The Wards In FCT by crestedaguiyi: 5:02am On Feb 25, 2019 |
To build the house, out of the total material listed, You need a minimum of 5 bucket of Granit and sand from the sea and quarry. Can you build the house with sand alone ,smh for the itk throwing insults 1 Like |
Re: Legal Implications Of Buhari Losing All The Wards In FCT by Yyeske(m): 5:04am On Feb 25, 2019 |
id911:He told you the simple truth, there are 36 states and the FCT and not 37 states. It is not a must to win the FCT to be declared the winner. Meanwhile, APC has won 3 area councils already in the FCT, waiting for the result of the other area councils. 2 Likes |
Re: Legal Implications Of Buhari Losing All The Wards In FCT by Nobody: 5:51am On Feb 25, 2019 |
id911:Bros it's obvious you need comprehension lessons o. 1st he doesn't need 25% in FCT, 2nd with d senatorial results released thus far, it's clear he got 25%! Mumu pple |
Re: Legal Implications Of Buhari Losing All The Wards In FCT by Uzee24: 6:08am On Feb 25, 2019 |
davodyguy: Why do we try to turn the rules of the game upside down when it does not suit us even when the intent of the law is so clear and unambiguous. The Law states 25% in 2/3 of the states *AND* the FCT. Dont try to bend the laws, Nigerians are no fools. Lets keep to the rules. PS: Article 134 (2) of the Nigerian Constitution stipulates that a presidential candidate will be duly elected after attaining both the highest number of votes cast, and having received at least a quarter of the votes at each of at least two-thirds of the 36 states and the Federal Capital Territory (FCT). |
Re: Legal Implications Of Buhari Losing All The Wards In FCT by Uzee24: 6:29am On Feb 25, 2019 |
couragemurphy: Nice explanation, but it still does not address the OPs question. The contention is "what is the implication of not getting 25% of votes cast in the FCT, in addition to the 25% of vote garnered in 2/3 of the 36 states of the federation? |
Re: Legal Implications Of Buhari Losing All The Wards In FCT by babablogger: 6:45am On Feb 25, 2019 |
Uzee24: There is non 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 each of at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja. Notice "and the FCT" if 25 percent is a must in FCT, I believe it'll be "and also 1/4 in FCT. |
Re: Legal Implications Of Buhari Losing All The Wards In FCT by Uzee24: 7:15am On Feb 25, 2019 |
babablogger: Your ascertion is not true...the statement is clear, and applies to both the states and FCT hence there is no need for the repetition of the 25% or the the inclusion of "ALSO". If it does not apply to the FCT, another subsection would have been created to address that rather than being put together with the states. 1 Like |
Re: Legal Implications Of Buhari Losing All The Wards In FCT by aewhydot: 8:12am On Feb 25, 2019 |
tobby98: Stop deceiving ursel bro........No implications whatsoever for anybody. The constitution is clear about that, stop twisting the obvious |
Re: Legal Implications Of Buhari Losing All The Wards In FCT by oseremhe: 8:32am On Feb 25, 2019 |
He didn't lose all the wards apc have won in 3 area councils. just saw this on vanguard |
Re: Legal Implications Of Buhari Losing All The Wards In FCT by Nobody: 8:33am On Feb 25, 2019 |
Uzee24: The answer is there nau. What you need to win is 1. A simple majority. 2. Have 25% votes in at least 2/3 (24) states including FCT. So if you have up to 25% of total votes in each of 24 states and have less than 25% vote in FCT. And you have simple majority in the total votes casted. YOU ARE THE PRESIDENT ELECT 1 Like |
Re: Legal Implications Of Buhari Losing All The Wards In FCT by brodalikeme(m): 9:15am On Feb 25, 2019 |
Emvico34: Not yet, wait let’s compile a comprehensive list of their names first. Nigeria should be stagnated because of selfish reasons. 1 Like |
Re: Legal Implications Of Buhari Losing All The Wards In FCT by Kylekent59: 9:23am On Feb 25, 2019 |
2/3 of 36 states is 24 + abuja. Automatic win. Atiku dusted abuja. He should be leading in 18 states now, more results coming from other states. He is gonna get to that 24. Buhari can win kastina,kano,kaduna,benue,borno but with a margin like 70:30 against atiku. Atiku is prospective. He has a higher chance of winning. |
Re: Legal Implications Of Buhari Losing All The Wards In FCT by SternProphet: 9:29am On Feb 25, 2019 |
wise2odd: Why are Nigerian young people so ignorant. Pls let me ask you. Apart from being wrong, if you actually saw it in the constitution that you must win 25% in Abja FCT to win you win protest You guys are lacking in badic understanding of constitution and your own rights. Pls be educated. It is at least 25% of votes cast in 2/3 of the States. |
Re: Legal Implications Of Buhari Losing All The Wards In FCT by Dakad: 9:48am On Feb 25, 2019 |
Pls there is no way PMB will not have 25% in Abuja. Incumbent President usually loses Abuja. I'm not sure GEJ win Abuja in 2015 |
Re: Legal Implications Of Buhari Losing All The Wards In FCT by Dakad: 9:51am On Feb 25, 2019 |
Pls kindly google the constitution if don't have any, its clear. The President must win majority vote cast and 25% in 2/3 of the states including Abj. President elect must have 25% in Abj SternProphet: |
Re: Legal Implications Of Buhari Losing All The Wards In FCT by alezzy13: 12:26pm On Feb 25, 2019 |
Dakad: GEJ won Abuja but lost d election |
Re: Legal Implications Of Buhari Losing All The Wards In FCT by fergie001: 12:41pm On Feb 25, 2019 |
So the difference is AND plus including Lawyers,wetin constitution talk? |
Re: Legal Implications Of Buhari Losing All The Wards In FCT by ishola98: 1:51pm On Feb 25, 2019 |
ijc999:Hmm |
Re: Legal Implications Of Buhari Losing All The Wards In FCT by Dakad: 2:22pm On Feb 25, 2019 |
Re: Legal Implications Of Buhari Losing All The Wards In FCT by pedrilo: 2:35pm On Feb 25, 2019 |
any presidential election involving an incumbent that requires such critical interpretation of our laws to determine a winner shows that the incumbent lost the elections couragemurphy: |
Re: Legal Implications Of Buhari Losing All The Wards In FCT by Dakad: 3:38pm On Feb 25, 2019 |
As said earlier, there is no way PMB won't get 25% in FCT. It's confirmed, he get well above 30% alezzy13: |
Re: Legal Implications Of Buhari Losing All The Wards In FCT by meromero11: 4:01pm On Feb 25, 2019 |
id911: PMB already has more than 25% of votes in the fct. No shaking. |
Re: Legal Implications Of Buhari Losing All The Wards In FCT by alezzy13: 5:14pm On Feb 25, 2019 |
My initial point remains. Insisting that a candidate must get 25% votes in A PARTICULAR state/territory makes no sense whatsoever. Why FCT? Why not Lagos? Or JIGAWA? Anyways, both candidates have pooled 25% so I guess it doesn't matter. An interesting fact: since 1999 the two major candidates have ALWAYS obtained up to 25% in FCT. Another fact: PMB has NEVER won the majority votes in FCT since he started contesting. So I guess the result should not surprise us!! |
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