garfield1:


That guy fergie summed up everything. it is impossible to prove substantial non-compliance

Don't be too sure of that though..

BluntCrazeMan:



Don't be too sure of that though..

See buhari vs obj 2003,buhari vs yaradua 2007,atiku vs Buhari 2019...

BluntCrazeMan:
Ok naa..

At least,, I got your drift..
And I can assure you,, I have taken good note of that too.

This thing is very simple.get result sheets from thousands of polling units showing that you won or get adhoc staffs,party agents to testify that transmission never took place.

garfield1:


This thing is very simple.get result sheets from thousands of polling units showing that you won or get adhoc staffs,party agents to testify that transmission never took place.

Yess.

I understand this one very well.

BluntCrazeMan:


For the Governorship Elections,, the 2/3 of the LGAs were clearly stated. No mention of the State Capitals.

For the Presidential Election, based on the grammar alone, it sounded more like “the FCT must be added to the 24-or-more states”. Thus, it means that 23+FCT is still not enough..
And then, 28-without-FCT still doesn't meet the criteria.

Nevertheless, there had never been any prior cause that warranted the need to seek for the proper interpretation of that particular condition.
I guess that now is the best time.

What did Yaradua get in Abuja in 2007?

garfield1:
You are correct.you yourself said all criteria for guber and presidential are same so why was it not mandatory for governors to get same in state capitals? Why must fct be mandatory? Is it more important than other states?

Only the drafters of the Constitution cam say so.

Now colloquially or literally,when we talk of the component units,we usually say 36 states and fct. They could have said "and in the fct" afterall they started with in each of at least.

What the bolded simply states is that the FCT is not a State (it is distinct), even though it should be treated as if it was a State. (Simile "as" -emphasis mine). Whilst the States enjoy Executive powers through their Govs, legislative powers through their SHAs, the FCT is led by the NA and the executive powers vested in the President.

The Constitution will have been using 37 States if the FCT wasn't meant to be distinguishable.

However, the "in" you brought in there I am sure is what Agim will use in dismissing the case.😁

0monnak0da:

What did Yaradua get in Abuja in 2007?

Are you sure that election even had an official results?

Remembering that election gives me PTSD!

fergie001:

Only the drafters of the Constitution cam say so.



What the bolded simply states is that the FCT is not a State (it is distinct), even though it should be treated as if it was a State. (Simile "as" -emphasis mine). Whilst the States enjoy Executive powers through their Govs, legislative powers through their SHAs, the FCT is led by the NA and the executive powers vested in the President.

The Constitution will have been using 37 States if the FCT wasn't meant to be distinguishable.

However, the "in" you brought in there I am sure is what Agim will use in dismissing the case.😁

Even though the FCT is not a state, but the Constitution needed to bundle it together with the other states without separating it, then it would have said “The 37 Sub-National Units”..

fergie001:
Are you sure that election even had an official results?

Remembering that election gives me PTSD!

The point is that case went all the way to the Supreme Court
The25% Abuja issue is a non issue
In 2007 there was no state breakdown released just national total
The other problem is by the time the case is decided Tinubu would have been sworn in which gives an unfair advantage In 2019 the judgment came in October
In This case there are now 3 parties. If we don't change the system so that cases are resolved before swearing in then it is a waste of time. The president has too much power and the Supreme Court judges are not clean.

0monnak0da:

What did Yaradua get in Abuja in 2007?

In 2007, Maurice Iwu refused to publish the scores States by States including Abuja but allocated 69.6% to Musa Yar’Adua. Culled.

NothingDoMe:
In 2007, Maurice Iwu refused to publish the scores States by States including Abuja but allocated 69.6% to Musa Yar’Adua. Culled.

But the Supreme Court saw nothing wrong with that?

BluntCrazeMan:
Yess.

I understand this one very well.

And it must be so overwhelming that it can change the final outcome or course of the election.it must affect the margin bw tinubu and atiku at least

fergie001:

Only the drafters of the Constitution cam say so.



What the bolded simply states is that the FCT is not a State (it is distinct), even though it should be treated as if it was a State. (Simile "as" -emphasis mine). Whilst the States enjoy Executive powers through their Govs, legislative powers through their SHAs, the FCT is led by the NA and the executive powers vested in the President.

The Constitution will have been using 37 States if the FCT wasn't meant to be distinguishable.

However, the "in" you brought in there I am sure is what Agim will use in dismissing the case.😁

True.for purposes of stability,they apex court won't want a rerun or something that will heat the polity just like in 1979.kekere ekun might read it.
Though the fct is not a state but has similarities or features of a state in many ways like in state capital,agencies,etc.it is more or less a quasi or half state.so to avoid confusion,the constitution prescribes it to be treated and administered as if it was a state to avoid confusion and also to engender inclusion.if it was less of a state,they won't include it as part of the spread but since sect 299 sees it as a state,we must include her not elevate her above states.

fergie001:

I will use this simple analogy:

I want to see 17 boys and Seun in my office.

I want to see 17 boys, including Seun in my office.

This analogy doesn't work. The verbiage can't read "36 states including FCT" because the FCT is technically not a state.

BluntCrazeMan:
Even though the FCT is not a state, but the Constitution needed to bundle it together with the other states without separating it, then it would have said “The 37 Sub-National Units”..

Yes in order to avoid the voodoo confusion of 1979.therefore,we will calculate two third and add fct making it 25 states/fct.the constitution hardly uses words like including, plus so they couldn't have said plus or including fct

BluntCrazeMan:
In 2019 they didn't make the INEC Chairman to answer questions about the documents he tendered to the Tribunal.
He was just subpoenaed to present the documents, and after he did that, he was let off. There were no serious cross-examinations.


This time, INEC Chairman should be thoroughly grilled..
His testaments would reveal all the omissions on the side of INEC, which were never supposed to be omitted in the first place..

(Questions like these ones below are expected to be asked the INEC Chairman this time: “Were there Directly Transmitted Results From The Various Polling-Units as required by the Electoral Act for the Sole Purpose of Verification of Collated Results and Settling Disputes that may arise at the Collation Centers?? If yes, was the Direct Transmission done in all the over-176,000 polling-units?? Were each and every of all the various collated results verified with the Directly Transmitted Results From The Various Polling-Units as required by the Electoral Act??”, and so on.)

Lol. They attempted to transmit but it didn't work. This argument is really going nowhere..

0monnak0da:
The point is that case went all the way to the Supreme Court
The25% Abuja issue is a non issue
In 2007 there was no state breakdown released just national total
The other problem is by the time the case is decided Tinubu would have been sworn in which gives an unfair advantage In 2019 the judgment came in October
In This case there are now 3 parties. If we don't change the system so that cases are resolved before swearing in then it is a waste of time. The president has too much power and the Supreme Court judges are not clean.

True.there is no way the apex court will order a rerun when tinubu is on seat.I think before the elections,parties should have aporoaced the court to interpret that section or states can still approach the apex court to do that

Genius100:


Lol. They attempted to transmit but it didn't work. This argument is really going nowhere..

Apart from that,there are two mode of transmission,online and offline.if they couldn't transmit it due to network,they will transmit it on offline mode thereby satisfying the requirement of transmission.it would show sent or pending which takes it out of their hands

BluntCrazeMan:
Thanks for this question..

The “Current” System for the INEC’s Electronic Transmission is called “Collation Support and Results Verification System -- (CSRVS)”..
It is the INEC’s Online Transmission and Online Collation System. It is the system to which all the results are supposed to be transmitted to.
The collated results are then used by the Collation Officers to verify the results.. This particular system is not meant for the PUBLIC VIEW.. And it is protected with a very strong and tight cyber-security protection.
The results that are uploaded into this CSRVS System are NOT in pictures format.

They might develop another better system in the future for the purpose of Direct Transmission and Collation of Results from the Polling-Units, but for the moment, the CSRVS is the current Electronic Transmission System.

On the other hand, the IREV-Portal is a portal where the members of the Public Can log in to see the uploaded photos of the Polling-Unit Result-sheets. These uploaded photos on the IREV-Portal are just there for the viewing.
The only function of the IREV-Portal is just for the viewership-sake of the members of the public.
The protection security of the IREV-Portal is not as strong and as tight as that of the CSRVS System.

Who is supposed to enter the results into the CSRVS system from the polling unit? As far as I know, the polling unit workers are only supposed to take a picture of the result sheet, and the image (not numbers) gets uploaded into iREV. So how does the result get inputted into CSRVS system?

Section 66 Nigeria Electoral Act 2022
Declaration of result

In an election to the office of the President or Governor whether or not contested and in any contested election to any other elective office, the result shall be ascertained by counting the votes cast for each candidate and subjected to the provisions of sections 133, 134 and 179 of the Constitution, the candidate that receives the highest number of votes shall be declared elected by the appropriate returning officer.

Genius100:


This analogy doesn't work. The verbiage can't read "36 states including FCT" because the FCT is technically not a state.

Good.now that is where the question of intendment will come in.what is or can possibly be their nearest intendment? To include fct in the spread or make it mandatory in fct? Now in the 1979 constitution,there was no mention of the then capital as part of the requirement.therefore,it is clear that their first intendment is to make fct part of the spread in the 1999 constitution before thinking of making the fct mandatory for the spread

INEC erred in my opinion. They did not comply with section 66 of the electoral act.

Genius100:


Who is supposed to enter the results into the CSRVS system from the polling unit? As far as I know, the polling unit workers are only supposed to take a picture of the result sheet, and the image (not numbers) gets uploaded into iREV. So how does the result get inputted into CSRVS system?

The ratech intercepts the captured image and then approves final upload

0monnak0da:
The point is that case went all the way to the Supreme Court
The25% Abuja issue is a non issue
In 2007 there was no state breakdown released just national total
The other problem is by the time the case is decided Tinubu would have been sworn in which gives an unfair advantage In 2019 the judgment came in October
In This case there are now 3 parties. If we don't change the system so that cases are resolved before swearing in then it is a waste of time. The president has too much power and the Supreme Court judges are not clean.

Not just the Supreme Court but the Appeal as well.

It is almost a tradition that members who give favourable judgement end up at the SC:

In 2007, Chairman of the Appeal panel, Justice Ogebe was elevated a week before the judgement could be read.

It will be the 8th wonder of the world if the appeal succeeds.

garfield1:


The ratech intercepts the captured image and then approves final upload

So does the ratech translate the image into numbers for collation purposes or is that to be done by a human being at the collation center?

Genius100:


So does the ratech translate the image into numbers for collation purposes or is that to be done by a human being at the collation center?

No,they approve final uploads.numbers are from accreditation data.

fergie001:

Not just the Supreme Court but the Appeal as well.

It is almost a tradition that members who give favourable judgement end up at the SC:

In 2007, Chairman of the Appeal panel, Justice Ogebe was elevated a week before the judgement could be read.

It will be the 8th wonder of the world if the appeal succeeds.

Again,justice ikyegh the lead judge was part of the 2019 pept.it is not that they are corrupt but for security reasons,it is best to uphold the status quo according to prof bonchuks,ex security expert in unical

garfield1:
True.for purposes of stability,they apex court won't want a rerun or something that will heat the polity just like in 1979.kekere ekun might read it.

Who will order the re-run?
Ariwoola who will chair the SC, or Kekere-Ekun (next CJN) who must be in the panel or Okoro who will want to later be CJN?

If Centus Nweze is on the panel, he will dissent, that's sure and he will be because he is the only SEner in the SC.

The SC might sit in seven because of the FCT Constitutional issue.

Though the fct is not a state but has similarities or features of a state in many ways like in state capital,agencies,etc.it is more or less a quasi or half state.so to avoid confusion,the constitution prescribes it to be treated and administered as if it was a state to avoid confusion and also to engender inclusion.if it was less of a state,they won't include it as part of the spread but since sect 299 sees it as a state,we must include her not elevate her above states.

It is a settled principle of interpretation that a provision of the Constitution or a statute should not be interpreted in isolation but rather in the context

SECTION 299:
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 -

(a) all the legislative powers, the executive powers and the judicial powers vested in the House of Assembly, the Governor of a State and in the courts of a State shall, respectively, vest in the National Assembly, the President of the Federation and in the courts which by virtue of the foregoing provisions are courts established for the Federal Capital Territory, Abuja;

(b) all the powers referred to in paragraph (a) of this section shall be exercised in accordance with the provisions of this Constitution; and

(c) the provisions of this Constitution pertaining to the matters aforesaid shall be read with such modifications and adaptations as may be reasonably necessary to bring them into conformity with the provisions of this section.

What this means is that, the Constitution specifies CLEARLY where the FCT should enjoy its STATE status and no more.

garfield1:


Again,justice ikyegh the lead judge was part of the 2019 pept.it is not that they are corrupt but for security reasons,it is best to uphold the status quo according to prof bonchuks,ex security expert in unical

They pick from different Zones

Garba - NW
Oseji - SS
Ikyegh - NC
Akeju - SW
Can't remember the last person!

Again Oseji and Garba went up.

fergie001:


Who will order the re-run?
Ariwoola who will chair the SC, or Kekere-Ekun (next CJN) who must be in the panel or Ekwo who will want to later be CJN?

If Centus Nweze is on the panel, he will dissent, that's sure and he will be because he is the only SEner in the SC.

The SC might sit in seven because of the FCT Constitutional issue.



It is a settled principle of interpretation that a provision of the Constitution or a statute should not be interpreted in isolation but rather in the context

SECTION 299:
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 -

(a) all the legislative powers, the executive powers and the judicial powers vested in the House of Assembly, the Governor of a State and in the courts of a State shall, respectively, vest in the National Assembly, the President of the Federation and in the courts which by virtue of the foregoing provisions are courts established for the Federal Capital Territory, Abuja;

(b) all the powers referred to in paragraph (a) of this section shall be exercised in accordance with the provisions of this Constitution; and

(c) the provisions of this Constitution pertaining to the matters aforesaid shall be read with such modifications and adaptations as may be reasonably necessary to bring them into conformity with the provisions of this section.

What this means is that, the Constitution specifies CLEARLY where the FCT should enjoy its STATE status and no more.

You said ekwo doesnt have age on his side.he is too controversial and radical to be in the apex.
If fct will be a state only in the aforementioned areas,then it becomes less of a state which means it cannot take part in the two third calculus talkless of being mandatory.

fergie001:
They pick from different Zones

Garba - NW
Oseji - SS
Ikyegh - NC
Akeju - SW
Can't remember the last person!

Again Oseji and Garba went up.

Rtd JSC abdu aboki from kano so it can't he zonally

fergie001:

Not just the Supreme Court but the Appeal as well.

It is almost a tradition that members who give favourable judgement end up at the SC:

In 2007, Chairman of the Appeal panel, Justice Ogebe was elevated a week before the judgement could be read.

It will be the 8th wonder of the world if the appeal succeeds.

16th wonder because there are potentially 2 appeals and the best I see them getting is a cancellation and ordering a rerun . Who will be in charge of that rerun and what is to stop the same thing happening again?
We need to look at the system so that elections are concluded earlier and no one is sworn in until cases resolved.