₦airaland Forum

dat9jaguy:
Come and paste the full article and not this. You did not put where he drew his conclusion which is it is not mandatory to get 25% in FCT to be declared president.
Also give credit to the source.

Done as requested

An unwrinkled face is not good for a resounding slap. So it is somewhat indelicate for a lawyer who ought to be grounded in the ethics of the law profession to publicly criticize the opinions of other senior lawyers, who are revered to be authorities in their fields.

Afe Babalola, Gboyega Awomolo, Wole Olanipekun, J. B. Daudu, Lateef Fagbemi, Kanu Agabi, Oluwarotimi Akeredolu, J. K. Gadzama, E. C. Ukala, Yunus Ustaz Usman, Adeniyi Akintola, Emeka Ngige, Chris Uche, Dr. Onyechi Ikpeazu, Mike Ozekhome, Dele Adesina, J. S. Okutepa, Mahmud Magaji, Dayo Akinlaja, Ahmed Raji, Femi Falana, A. Mustapha, Ebun-Adegboruwa, and many hosts legends of the inner bar are jurists who have become oracles of constitutional law and whose opinions carry weight and speak volumes. For some of these oracles of law, their names have refused to leave the pages of our law reports.

And when they lend their respected voices to public issues, their words are taken as gospel by laymen who lack the qualification and the intellectual rigour to interrogate their opinions. So, to laymen, the opinions of these senior lawyers are Yeah and Amen!

However, this electioneering season has been an eye opening one for some of us. It has been a season of unraveling and miracles as to how some legal professionals have, either by deliberate action or absence of proper research, interpret one of the simplest provisions in our Constitution as regards election to the office of the President and requirements of the candidate for that highest public office in the land.

We have seen those that should know and those who have held exalted and enviable positions hold curious opinions on Constitutional issues that embarrass our industry and harass ones intellect.

For some of them, politics have been mixed with law in order to please certain quarters of the political class. But this is a dangerous mix. There is politics, and there is law. While they can sometimes intersect, they should not be muddled up when discussing pertinent legal issues that affect the nationhood of the country and the collective development of her citizens.

A number of emergency analysts of the law we have never heard of, or are known for being passive about crucial National issues suddenly appeared to become public figure in interpreting the laws in our Constitution as if they are a collection of formal and informal texts in an English textbook compiled for letter writing.

It is quiet even disturbing when some of my professional colleagues across border were analysing those colloquial interpretations here on one occasion of our group interactions. I must confess that I felt uncomfortable with many of their comments.

As I write this, I find myself grappling with the question: when is politics taken too far? This question has far reaching ramifications, because a honest answer to it will reveal that some senior lawyers give certain legal opinions they do not even believe in just because they have been tainted by politics. It is the common man on the streets that suffers this dangerous game of deliberate obfuscation and misinterpretation of our laws.

Lawyers cannot frown at the attitude of people flouting court orders and still be the ones selling the law of the land for a token on the altar of political standing. Deliberately misinterpretation of the law by a lawyer is a mockery of our Constitution and the legal profession and such character has a way of turning to hunt its maker.

It is therefore incumbent upon some of us who understand that the primary role of lawyers as ministers in the temple of justice is first and foremost the attainment of justice. And justice cannot be attained without truth.

Consequently, amidst the brouhaha surrounding the interpretation of section 134(2) of the Constitution of the Federal Republic of Nigeria and the multifarious explanations given by public commentators and senior lawyers alike, it is important to set the record straight and state the true position of the law, devoid of emotion and political chicanery.

The provisions of Section 134(2) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), particularly sub-paragraph (b) thereof have generated so much fuss and controversy in the past few days, especially after the conclusion and announcement of the winner of the recently concluded presidential elections.

Basically, there are two opposing sides in the arguments the above section has spawned: those who argue that for a candidate to be declared winner, he must get 25% of the votes cast in FCT (asides meeting other Constitutional criteria) and those who contend that a candidate need not poll 25% of the votes cast in FCT to be declared winner, so far as he meets other Constitutional requirements.


For the sake of clarity, Section 134(2) provides that:

(2) A candidate for an election to the office of the 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.

Even though the Federal Capital Territory, Abuja (FCT) is not a State properly so called, the Constitution has clothed it with the toga of a State. In other words, the FCT is treated like a State, and all the powers of a Governor in a State is vested in the Minister of the FCT. While the Houses of Assembly of the 36 States of the Federation legislate for each State respectively, the National Assembly makes laws for the FCT. Furthermore, while the States have their respective Local Government Areas, the FCT has Area Councils.

Pursuant to the above, Section 299 of the Constitution expressly provides that the provisions of the Constitution shall apply to the Federal Capital Territory, Abuja as if it were one of the States of the Federation. Section 299 of the Constitution has received the judicial imprimatur of the full panel of the Supreme Court in FAWEHINMI & ORS v. BABANGIDA & ORS (2003) LPELR-1255 (SC).

Hence, each time the draftsman intends to refer to the 36 States and FCT in the Constitution, it says “all the States in the Federation and the Federal Capital Territory, Abuja (FCT)”, bearing in mind that the FCT has also been clothed with the toga of a State.

Having made the above clarification, the “and” as used by the draftsman between “all the States of the Federation” and “the Federal Capital Territory, Abuja” in sub-paragraph (b) of Section 134(2) of the Constitution cannot be interpreted to mean that what applies to other States is inapplicable to FCT. Rather, it means that the FCT is on the same pedestal as the States of the Federation, even though it’s not a State properly so called.

So, the intention of the draftsman as regards 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.

Drawing from the reasoning of the erudite jurist, Otutu Andrews Obaseki, JSC (of blessed memory), in the landmark decision of the full panel of the Supreme Court in AWOLOWO v. SHAGARI & ORS (1979) LPELR-653(SC), there’s nothing like 24.6 States, for a State is a geographical setting incapable of being divided.

Borrowing a leaf from the revered jurist, the construction that two-thirds of 37 States in the Federation (FCT inclusive) is 24.6 States may be correct in the abstract but in relation to the Constitution, it is impracticable. Where there are two possible meanings conveyed by the words of a statute or the Constitution, it is the most reasonable one that should be adopted. Where the other meaning leads to absurdity or evinces internal contradiction, that meaning should be dropped for the first as the legislature never intends to be absurd or contradictory.

The word 'each' in the sub-section (2)(b) of Section 134 qualifies a whole State and not a fraction of a State and to interpret it otherwise is to overlook the disharmony between the word "each" and the fraction "two thirds". Two-thirds of thirty-seven (37), to avoid any disharmony, gives 25.

As a way of covering the base, the second school of thought contend that for a candidate to be declared winner, he must score 25% in the FCT (asides meeting other Constitutional requirements). If one agrees with this view, then it logically follows that if a candidate wins the entire 36 states of the Federation and polls the majority number of votes cast, if he fails to get 25% in FCT, then he cannot be declared winner. This cannot be the intendment of the draftsman, as the FCT cannot hold the entire nation to ransom.

So, once a candidate severally polls at least 25% of votes cast in at least 25 states, whether inclusive of FCT or not, he’s won the election so long he also has the majority of the votes cast all over the Federation.

The issue under reference has been before the Supreme Court, in 2003 in the case of Buhari Vs Obasanjo (2003) All NLR 168, the apex court in the land prophesied and held 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.

For the sake of emphasis, the operative words are "just, reasonable and sensible."

This then begets the question: is it just, reasonable and sensible to argue that a candidate who, for instance, won 36 States of the Federation and also polled the highest number of votes cast at an election but failed to score 25% of the votes cast in FCT, Abuja cannot be deemed the winner of the election? I think not. That would not be just, reasonable and sensible.

In Bakari v. Ogundipe (2021) 5 NWLR (Pt.1768) 1, the supreme Court held that by virtue of section 299(a) (b) of the Constitution, the provisions of the Constitution shall apply to the FCT, Abuja as if it were one of the States of the Federation.

If that is the case, why then would the FCT, Abuja be placed on so high a pedestal, like some lawyers have done, that it now supersedes other States of the Federation?

Buttressing further, If the provisions of the Constitution are to apply to FCT, Abuja as if it were one of the States of the Federation, then surely it cannot be ranked above other States of the Federation.

To steelman our arguments above, in Baba-Panya v. President, FRN (2018) 15 NWLR (Pt. 1643) 423, the Court held that the FCT, Abuja is to be treated like a State and it is not superior or inferior to any state in the Federation.

As a corollary, it would then be unjust, unreasonable and insensible to argue that scoring 25% of the votes cast in the FCT, Abuja is a mandatory Constitutional requirement, when no other State or even the entire States of the Federation enjoy this preferential treatment.

A reasonable, just and sensible interpretation of section 134(2) would then be that scoring 25% of the votes cast in the FCT, Abuja is like scoring 25% in any other State of the Federation.

That is just, reasonable and sensible.


Source: Shahara reporters

Shabby nature of people that want power at all cost.

BREAKING: “I never told Emefiele, Malami to disobey Supreme Court” – Buhari makes U-turn


President Muhammadu Buhari has reacted to reports that he instructed the Central Bank Governor, Godwin Emefiele and the Attorney-General of the Federation, Abubakar Malami to disobey ‘Court orders’.

The Nigerian Presidency, in a statement signed by Garba Shehu, sent to POLITICS NIGERIA, called on the General Public to disregard such reports as the President never gave such directives.

The statement read; “The Presidency wishes to react to some public concerns that President Muhammadu Buhari did not react to the Supreme Court judgement on the issue of the N500 and N1,000 old currency notes, and states here plainly and clearly that at no time did he instruct the Attorney General and the CBN Governor to disobey any court orders involving the government and other parties.”

“Since the President was sworn into office in 2015, he has never directed anybody to defy court orders, in the strong belief that we can’t practise democracy without the rule of law and the commitment of his administration to this principle has not changed.”

“Following the ongoing intense debate about the compliance concerning the legality of the old currency notes, the Presidency therefore wishes to state clearly that President Buhari has not done anything knowingly and deliberately to interfere with or obstruct the administration of justice.”


“The President is not a micromanager and will not, therefore, stop the Attorney General and the CBN Governor from performing the details of their duties in accordance with the law. In any case. it is debatable at this time if there is proof of willful denial by the two of them on the orders of the apex court.”

“The directive of the President, following the meeting of the Council of State. is that the Bank must make available for circulation all the money that is needed and nothing has happened to change the position.”

“It is an established fact that the President is an absolute respecter of judicial process and the authority of the courts. He has done nothing in the last eight or so years to act in any way to obstruct the administration of justice, cause lack of confidence in the administration of justice, or otherwise interfere or corrupt the courts and there is no reason whatsoever that he should do so now when he is getting ready to leave office.”

“The negative campaign and personalised attacks against the President by the opposition and all manner of commentators is unfair and unjust, as no court order at any level has been issued or directed at him.”

“As for the cashless system the CBN is determined to put in place, it is a known fact that many of the country’s citizens who bear the brunt of the sufferings, surprisingly support the policy as they believe that the action would cut corruption, fight terrorism, build an environment of honesty and reinforce the incorruptible leadership of the President.”

“It is therefore wide off the mark to blame the President for the current controversy over the cash scarcity, despite the Supreme Court judgement. The CBN has no reason not to comply with court orders on the excuse of waiting for directives from the President.”

“President Buhari has also rejected the impression that he lacks compassion, saying that “no government in our recent history has introduced policies to help economically marginalised and vulnerable groups like the present administration.”

Let's support a national dream.... Nigeria must get better.

oyin44:
Amen and you too sir

Amen

Nigerians win as long as it end well

Ebele Jonathan...Peace will reside with your generation forever.
You're good hearted and godly

Jonathan Ebele...peace will not department from your generation. You're good hearted.

Clean and Clear

FatherOfJesus:
So you understand English than AI

. FCT was mentioned so that argument will not arise if you win ONLY 24 states and FCT. Mischief makers will say you only win 24 STATES...And fct

FatherOfJesus:
they should have just said 25 states or 24. Why then create confusion by adding FCT exclusively.

This place is very arguable and it might create rancour.

Toh. It's also arguable if you win only 24 states and FCT, if FCT is not stipulated as a state in the electoral law

N3TRAL:
The constitution is the law here. section 299 gives it the status of a state for the purpose of interpretation of the constitution.

Agreed.

But Agbakogba can't read between the lines of the constitution.

Was FCT given a special status in the electoral law?

If you have the required 25% in only 24 states and you have 25% in FCT you're the winner

Don't lit a bush with fire you cannot quench cos you don't know the extent it will burn

A man cannot be angry and be guided by the holy spirit.

The weapons of our warfare are not canal,but mighty through God to the pulling down of strongholds.

According to IBB the one that has a spread vote.....

So many lost their polling units, it surprised me how.

The people that held Nigeria bound for years wouldn't give up, except things goes their way.

May God punish all that plan hell for Nigerians, I don't want to know which party they belong.

The other parties should go to their situation report room and check if what their agents posted at the polls is not in tandem with inec official results.



I'm not surprised if the BVAS can be hacked into by some people and be manipulated. There's hardly any policy Nigerians can not overturn. Imagine how good the naira redisgn policy was on paper, but the implementation was hazardous.

Perhaps inec changed the game for them?

If you feel the results of the election is been manipulated, pls go to inec portals and verify your claims with the original copy of results you had at the polling units. Please don't create chaos for peace loving Nigerians with spreading fake news and it shall be well with you.

People can also log in to verify results on inec portals if it's different from the original one you have,then make a case.

I watched a live video on TikTok, people verifying results on inec portals with the original they have.

Results from an anonymous server is not an APC loud speaker..... Why did you believe it's Apc that's winning?

Don't cry when you hear the final results from inec. It's obvious that the most criticized politician is winning with 25% in 34 states more than the required 24....

You have contributed to the victory maybe by being tribalistic or religiously sentimental.

With this trend election may tend to runoff Cos of 25% clause

Good to put your culture and city on lime light

Our security Intel can trace the source of the voice note uncontroversially.

Mamud Yakubu will be neutral in this election, hopefully.

Alot of exposure on the way