Re: Major Reason Why 25% Of The Abuja Votes Is Compulsory. by Jokay07(m): 6:53am On Mar 24, 2023 |
Why do we a lot of dull people on nairaland? |
Re: Major Reason Why 25% Of The Abuja Votes Is Compulsory. by helinues: 6:55am On Mar 24, 2023 |
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Re: Major Reason Why 25% Of The Abuja Votes Is Compulsory. by Strafudeen: 6:55am On Mar 24, 2023 |
2 Likes 1 Share |
Re: Major Reason Why 25% Of The Abuja Votes Is Compulsory. by Strafudeen: 6:57am On Mar 24, 2023 |
helinues:
Na truth now.
Why going to court to be chasing dead case when they could have filed the petition on how then won the election and how they arrived at it.
Isn't their petition a dust bin materials? I like how the op has ruined your morning with truth I dare you to prove the op wrong 2 Likes |
Re: Major Reason Why 25% Of The Abuja Votes Is Compulsory. by helinues: 6:58am On Mar 24, 2023 |
Strafudeen:
I like how the op has ruined your morning with truth
I dare you to prove the op wrong Lol It's actually delusional to be swallowing ones own's lies |
Re: Major Reason Why 25% Of The Abuja Votes Is Compulsory. by Akinboboz(m): 7:04am On Mar 24, 2023 |
BluntCrazeMan: It's Very Simple..
The President of Nigeria is also the “Administrative Head” of Abuja as a Sub-National Unit.
Therefore, nobody can become a “President” if up to 25% of the Abuja Indigenes and residents didn't even vote for him to become their “Administrative Head” in Abuja.
That would be like imposing upon the Abuja Electorates, someone whom they didn't even vote for.. This is too early wail nah, why don't you allow court to determine the case, don't let ur emotions to overshadow you, those that are living in abuja get two head abi? compare to those living in alaigbo |
Re: Major Reason Why 25% Of The Abuja Votes Is Compulsory. by Strafudeen: 7:05am On Mar 24, 2023 |
helinues:
Lol
It's actually delusional to be swallowing ones own's lies Case closed. BluntCrazeMan has dealt your election case a death blow. Thank you BluntCrazeMan |
Re: Major Reason Why 25% Of The Abuja Votes Is Compulsory. by Blazebond(m): 7:06am On Mar 24, 2023 |
Go and read the constitution and understand,note the "understanding" in my write-up,read and understand,that's why many of una dey fail for school and life. |
Re: Major Reason Why 25% Of The Abuja Votes Is Compulsory. by Strafudeen: 7:06am On Mar 24, 2023 |
Akinboboz:
This is too early wail nah, why don't you allow court to determine the case, don't let ur emotions to overshadow you, those that are living in abuja get two head abi? compare to those living in alaigbo They don't have two heads , but they also don't have half head. They deserve to elect their own leader like other states. Una go hear am for court |
Re: Major Reason Why 25% Of The Abuja Votes Is Compulsory. by BluntCrazeMan: 7:09am On Mar 24, 2023 |
helinues:
Can't you people for once accept defeat? Na so dem dey accept defeat for your place.?? |
Re: Major Reason Why 25% Of The Abuja Votes Is Compulsory. by BluntCrazeMan: 7:11am On Mar 24, 2023 |
Ireportlive:
Not even up to 21... Hmmmnn Sheey we still dey for court.?? After, we go know say whether na 16, or 21, or 24, or 30.. |
Re: Major Reason Why 25% Of The Abuja Votes Is Compulsory. by helinues: 7:13am On Mar 24, 2023 |
BluntCrazeMan: Na so dem dey accept defeat for your place.?? Then tell us how you won the election with figures not charade petition |
Re: Major Reason Why 25% Of The Abuja Votes Is Compulsory. by Akinboboz(m): 7:13am On Mar 24, 2023 |
Strafudeen:
They don't have two heads , but they also don't have half head.
They deserve to elect their own leader like other states.
Una go hear am for court One thing about this election for igbo people is that, they too believe that they'd win it, and election isn't like that, well, I don't have much to say, disappointment 4.0 loading, from apc can't give him ticket to contest, to buhari won't support him, to he can't win the election that north would disappoint him and now, 25% requirements in abuja, common, you guys needs to rest abeg. |
Re: Major Reason Why 25% Of The Abuja Votes Is Compulsory. by richidinho(m): 7:19am On Mar 24, 2023 |
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" 😀😀😀 1 Like |
Re: Major Reason Why 25% Of The Abuja Votes Is Compulsory. by HilcomTech(m): 7:23am On Mar 24, 2023 |
BluntCrazeMan: It's Very Simple..
The President of Nigeria is also the “Administrative Head” of Abuja as a Sub-National Unit.
Therefore, nobody can become a “President” if up to 25% of the Abuja Indigenes and residents didn't even vote for him to become their “Administrative Head” in Abuja.
That would be like imposing upon the Abuja Electorates, someone whom they didn't even vote for.. Why are IIGB0S so unintelligent |
Re: Major Reason Why 25% Of The Abuja Votes Is Compulsory. by BluntCrazeMan: 7:26am On Mar 24, 2023 |
helinues:
@ op, you can't be claiming to be blunt By being blunt,, as e dey my mind, na so I dey talk am. I don't bend my thoughts, I don't paint it, I don't seek to satisfy anybody., (not even myself) I just say the thing wey jump enter my mind. Now, is there any other definition of BEING BLUNT.?? |
Re: Major Reason Why 25% Of The Abuja Votes Is Compulsory. by helinues: 7:28am On Mar 24, 2023 |
BluntCrazeMan:
By being blunt,, as e dey my mind, na so I dey talk am.
I don't bend my thoughts, I don't paint it, I don't seek to satisfy anybody., (not even myself)
I just say the thing wey jump enter my mind.
Now, is there any other definition of BEING BLUNT.?? You can't be claiming of being blunt and still be brainwashed. Why didn't Obi go to court and present how he won the election instead of charade drug case petition. Are you actually being blunt or blunt biased? |
Re: Major Reason Why 25% Of The Abuja Votes Is Compulsory. by HIGHESTPOPORI(m): 7:29am On Mar 24, 2023 |
lawbabs:
Don’t mind them. I just don’t know how Obi took their brain away. The administrative head of FCT is no longer the minister of FCT but president (what a joke). It’s just as if these clowns have rabies and the infection rate is high! Unfortunately the media space isn’t regulating these rhetorics. Young people are swimming in the belief of lies all over the place because the mainstream media also accommodated the narratives! Quite unfortunate. Who appoints the FCT minister? Did the people vote for him? |
Re: Major Reason Why 25% Of The Abuja Votes Is Compulsory. by orisa37: 7:29am On Mar 24, 2023 |
I am not anonymous. We are still in a DEMOCRACY. I am in KADUNA and I will soon be 86. You are only scared SO STOP harassing yourself. |
Re: Major Reason Why 25% Of The Abuja Votes Is Compulsory. by BluntCrazeMan: 7:31am On Mar 24, 2023 |
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.
No Court had ruled exactly on this very issue before. (Meanwhile, please read Section-299(a) of the Nigerian Constitution - As Amended..)So, we are all speculating at this very moment. 1 Like |
Re: Major Reason Why 25% Of The Abuja Votes Is Compulsory. by BluntCrazeMan: 7:32am On Mar 24, 2023 |
orisa37: I am not anonymous. We are still in a DEMOCRACY. I am in KADUNA and I will soon be 86. Datti will incinerate the Country.. That's what you said... Datti is really that unpatriotic.? |
Re: Major Reason Why 25% Of The Abuja Votes Is Compulsory. by Strafudeen: 7:33am On Mar 24, 2023 |
Akinboboz:
One thing about this election for igbo people is that, they too believe that they'd win it, and election isn't like that, well, I don't have much to say, disappointment 4.0 loading, from apc can't give him ticket to contest, to buhari won't support him, to he can't win the election that north would disappoint him and now, 25% requirements in abuja, common, you guys needs to rest abeg. Oga address the ops point |
Re: Major Reason Why 25% Of The Abuja Votes Is Compulsory. by BluntCrazeMan: 7:37am On Mar 24, 2023 |
Lalasticlala, Seun, Nlfpmod 1 Like |
Re: Major Reason Why 25% Of The Abuja Votes Is Compulsory. by BluntCrazeMan: 7:38am On Mar 24, 2023 |
Mynd44 1 Like |
Re: Major Reason Why 25% Of The Abuja Votes Is Compulsory. by Tsolutionifede(m): 7:40am On Mar 24, 2023 |
BluntCrazeMan: It's Very Simple..
The President of Nigeria is also the “Administrative Head” of Abuja as a Sub-National Unit.
Therefore, nobody can become a “President” if up to 25% of the Abuja Indigenes and residents didn't even vote for him to become their “Administrative Head” in Abuja.
That would be like imposing upon the Abuja Electorates, someone whom they didn't even vote for.. you are a mumu, why is not applicable to state then, what is special about an electorate In Abuja, or don't u think the politician will start instructing the Abuja neighborhood town to flock to Abuja to register to boost their chance in ABUJA |
Re: Major Reason Why 25% Of The Abuja Votes Is Compulsory. by BluntCrazeMan: 7:44am On Mar 24, 2023 |
Strafudeen:
I like how the op has ruined your morning with truth
I dare you to prove the op wrong Na only insult he go dey insult.. And be asking me what the Minister of FCT is supposed to be doing if the President is the Administrative Head of Abuja....As if the people of Abuja were the ones who voted the so-called Minister of FCT to be in charge of them. 1 Like |
Re: Major Reason Why 25% Of The Abuja Votes Is Compulsory. by buharitill2023: 7:45am On Mar 24, 2023 |
KanwuliaExtra: The matter don come again? Buhari think say im get sense. 25% clause don come hook APC for neck. 2/3 of 36 boys and girl is what? Your problem is the "AND" Because idiotic pigs don't understand english |
Re: Major Reason Why 25% Of The Abuja Votes Is Compulsory. by BluntCrazeMan: 7:56am On Mar 24, 2023 |
Tsolutionifede: you are a mumu, why is not applicable to state then, what is special about an electorate In Abuja, or don't u think the politician will start instructing the Abuja neighborhood town to flock to Abuja to register to boost their chance in ABUJA Please read Section-299(a) of the Nigerian Constitution - As Amended. |
Re: Major Reason Why 25% Of The Abuja Votes Is Compulsory. by delpee(f): 8:00am On Mar 24, 2023 |
🤣🤣🤣 Read the law again to understand. Anyway, the matter is in the court. All discussions are subjudice. |
Re: Major Reason Why 25% Of The Abuja Votes Is Compulsory. by Jokay07(m): 8:26am On Mar 24, 2023 |
BluntCrazeMan:
No Court had ruled exactly on this very issue before.
(Meanwhile, please read Section-299(a) of the Nigerian Constitution - As Amended..)
So, we are all speculating at this very moment. 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. You can read more on this. There is already a preceding clause on this issue. Tribunal won't even waste 10 minutes deliberating on it |