₦airaland Forum

This op mumu pass mumu

Which Magnet?

Who gave him the Magnate abi mandate sef

Iko Ebot

muykem:
There's no such law in the first instance. 2/3 of 36 states and the F.C.T means F.C.T should not be excluded while calculating spread I.e 2/3 of 36states + F.C.T.

There is a hugh difference between + & and bro

Even in the probability, the calculation is different

Drop the section of the const that talks about the SP impeachment

Exactly the way it is written in the constitution

They should not go please,Tinubu will never rule Nigeria.

Lolz...dude is damn scared

All movements are being monitored

An average APC supporter hates the truth, Fayose the new Tinubu's spokesman thought Rufai is someone he can intimidate

Jokay07:
Section 134(2) that a candidate must (a) have the highest number of votes cast at the election; and (b) have not less than 25% of total votes cast in at least two-third of all the States in the Federation and the FCT, Abuja.

What does the Constitution mean by 25% of votes in all the States in the Federation and the FCT, Abuja (FCT) and how should this be interpreted? These are the questions sought to be answered here.



Before we proceed to review and give an interpretation to these provisions, we must bear in mind that the Constitution is not read and interpreted like any other book, there are rules for interpreting the Constitution and we will now examine same.

RULES FOR INTERPRETATION OF THE CONSTITUTION

In the 2022 decision of FRN v Nganjiwa3 the Supreme Court, while relying on some of its earlier decisions, reiterated the settled position on how to interpret provisions of the Constitution as follows:

(a)Where the words of the Constitution are clear and unambiguous, a literal interpretation will be applied.

(b) Where there is ambiguity in a literal interpretation, a holistic interpretation would be resorted to.

(c) All sections must be read together and purposively so that no section is rendered redundant or superfluous.

(d) If the words remain ambiguous, the intention of the makers of the Constitution must be discovered to determine the mischief sought to be cured.

(e) The Court is entitled to consider how the law stood when the statute was passed, what the mischief was for which the old law did not provide and the remedy which has been provided by the new law.

Hence, the Constitution is to be interpreted purposively and holistically and where a literal reading of the Constitution leads to absurdity, recourse must be made to the mischief which the law seeks to cure.

It is important also, that we consider how the Courts have interpreted these provisions of the Constitution, although on dissimilar facts, as this will guide us on how the Courts are likely to interpret these provisions even though on a different set of facts.

JUDICIAL DECISIONS ON SECTION 134(2) AND SECTION 299

The Court of Appeal in Okoyode v FCDA4 had cause to interpret Section 299 of the Constitution on whether the FCT was a State and in its decision stated that the FCT should be treated as one of the States in the Federal Republic of Nigeria. In essence, the question submitted to the Court was whether the Federal Capital Development Authority (FCDA) was an agency of the Federal Government of Nigeria. The Court in answer stated that the FCDA was an agency of the FCT which is a separate unit from the Federal Government and should rather be seen as a State and a separate administrative unit distinct from the Government of the Federal Republic of Nigeria.
COPIED


Point 2
Going by the analogy above. It's been established by a competent court of law that FCT should be considered as a state.
Proving further,
Mathematically.
Getting 25% votes in Two third (⅔) of 36 State apart from FCT is 23.9 or 24 states approximately.

But, Getting 25% votes in Two third (⅔) of 36 State (+), (and) including from FCT is 24.6 approximately 25 states

Conclusion.
Interpretation of the said constitution even prove further that wining or getting 25% in FCT is not a must.

Hahahaha....i just love how you sneaked in the word "including"

Dey play....atleast the word was not available when the constitution was drafted that was why they used "and" 😀😀😀

Yet you cant sleep because of Labour party

Proudly Andrew Liver salt

I'm not from Imo, but i think Martins Agbaso is the right person for that ticket base on the support he gave to our principal in the presidential poll

You asked us to go to court, we are there now, but you ran back to the Socisl media

Fact check ko
Fact confirm ni

So they can rig it like in 2019?

Ogbeni everyday no be xmas

pandax:
I second your submission, but let us give SP to a moslem from NC AND the speaker to a moslem from NW as they gave Tinubu the most votes. SGF can go to a moslem, preferably from SW and then we can build a prosperous Nigeria

Yea ...as long as they are competent

I think we should do away with all this religious comments, Religion shouldnt be the basis to choose our leaders in this country what matters most should be whether the person is qualified for the position.

As far as I'm concern the NW is even more qualified to produce the next SP because of the number of votes they gave to the party

helinues:
Whatever Obi's petition might be about, they must have been things we have dismantled on this forum, that Obi is taking that same petition to court is just an exercise in futility

Things you dismantled on this forum?

Well done Nairaland Judge

Very funny set of people

I noticed that but just kept quiet because no matter how they masturbate on the matter here it cant change anything, judges that will sit on the case are not nairalanders

Imagine a whole Ambassador congratulating Aisha Binani even before INEC declared Adamawa election inconclusive. Why not wait for an official declaration.

She is a card carrying member of APC

The only thing that would have won him that presidential seat was to pacify Obi and use all possible means to convince him to stay with the PDP in May last year

But he was too egoistic and proud to do such

Reno Omokri and other criminals were telling him to ignore Obi

Then came the G5

A serious presidential candidate would not ignore the support coming from 5 sitting governors because of a chairman with no electoral value

Godspikin:
That Abuja 25% exposed Obi as the dullard that some of us have known him to be.


I thought he said he had proof he won the election and was going to show that to the world. He just made Tinubu's case very easy now.

As far as the Abuja issue is, Abuja is more or less like the 37th state of the nation but the constitution refers to it as the FCT and it has it's own uniqueness as such, part of which includes the fact that it does not have a house of assembly or a governor. However Abuja has no special status such that one must win Abuja before he can be declared President. If that were to be so, what a candidate needs to do is just win Abuja alone even if he fails in 30+ states, it also means even if a candidate wins 34 states but loses Abuja he would not be declared winner.

That is totally illogical, only a zombidients can imagine such.

So the word "And the FCT" was used instead of "including the FCT"

Dey play..just dey play

Pierocash:
South Easterners are most civilized,and politically enlightened people in Nigeria. The only region with less brigandage and thugery.

They practiced close to 50% of democracy,followed by the north.


But you see the other region -South west ,and South South, that region is not governed by humans but animals, their closest level of their humanity there is thugery ,banditry, hooliganism and agberoism.

If not ,they are worst than animals

Calm down bro😀

I know you are not from the east but who and where did they kill the Labour party senatorial candidate?

APC shaa....very funny because the new electoral law they just passed into law never mentioned "registered voters" but "accredited voters"

Even the British envoy that was supposed to wait till official declaration by INEC, she fall hand seriously

It shows that the UK is part of our problems in this country.

The only country head that has sent congratulatory message to that election rigger called BAT

Because they want more medical tourism in their country

Obaofaba:
What happened to the one million votes LP should have gotten from the state?

We are talking about 2 different elections, 2 different interest and also 2 different calculations, you should know all politics is local

Sanwolu won in Lagos, did APC win in the presidential?

APGA won Majority seats in Anambra, did Apga win presidential or senate seats?

Parachoko:
This protest won't stop the winner of the election to be swear in on May 29

If they have evidence that can help PDP at the tribunal, they should present it to the PDP.

Before Friday, everybody go calm down

See grammer😀

This people una no want rest?

Our youths are fully interested in politics this year after paying N4,000 to withdraw 10k their brain reset by force😀😀

tolue42:
Thesame thing I've been telling them here ..they are circulating only where LP is winning neglecting APC winning , by tomorrow they'll start shouting "rigging"...I've been checking the IREV since

Hmmmmm....so you are enjoying the IREV today, i thought you said its irrelevant?

Nothing, thanks to Mahmoud Yakubu adjudged as the worst INEC chairman in recent times

Y