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Nairaland Forum / Nairaland / General / Politics / 25% In FCT - A Simple Explanation On Why APC And INEC Have Erred (my Opinion) (5413 Views)
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Re: 25% In FCT - A Simple Explanation On Why APC And INEC Have Erred (my Opinion) by dat9jaguy(m): 9:42am On Mar 24, 2023 |
Brendaniel: You see, I don't like engaging in fruitless exercises. My being right or wrong will in no way affect the judgment outcome. I have made my opinion known on the matter and it stops there, every other thing is shalaye. You can proceed to the tribunal and ask to be joined in the case, I think that would have more impact than arguing blindly on nairaland. 1 Like
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Re: 25% In FCT - A Simple Explanation On Why APC And INEC Have Erred (my Opinion) by Bluehole: 9:42am On Mar 24, 2023 |
Brendaniel: Things cannot be turned upside down just because, someone is about to benefit from it. Your explanation is on point and simple. If FCT was considered a state, why: 1) is it not governed by a governor like other states of the federation? 2) why no state assembly in Abuja? 3) why didn't the constitution save us all this stress by saying 37 states? 4) if INEC can consult before declaring Abia state result, why didn't INEC do so, even when a former NBA president wrote to them about it and there were complaints of irregularities as was the case in Abia and Enugu states. 1 Like |
Re: 25% In FCT - A Simple Explanation On Why APC And INEC Have Erred (my Opinion) by bentenny(m): 10:18am On Mar 24, 2023 |
Aquila99: Section 134 of the Constitution of the Federal Republic of Nigeria There are two (2) conditions for determining a winner of a presidential election: 1. A presidential candidate must secure the highest number of votes cast at the election 2. He/she must secure not less than 25% of votes cast in at least two-thirds of all the States of the federation and FCT The Electoral Act (2022) states that the winner of the presidential election will be subjected to the provisions of section 134 of the Nigerian Constitution. “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 only if they also fulfill a quota of 25 percent of the total votes cast in about 24 states including/and the Federal Capital Territory. Section 134, subsection 2, of the 1999 Constitution states: “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-he has the highest number of votes cast at the election; and 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.” The failure of one candidate to fulfill this requirements will make the election inconclusive. This implies that INEC will have to conduct a Run Off (second election). It must be conducted within 21 days from the date of the first election from the date of the declaration of the results for the first round of the election. What is a Run Off This is a voting system used to elect a single winner where no candidate meets the condition for securing a win in the first round. Oga no be fight...we learn everyday! |
Re: 25% In FCT - A Simple Explanation On Why APC And INEC Have Erred (my Opinion) by bentenny(m): 10:23am On Mar 24, 2023 |
adanny01:There are two (2) conditions for determining a winner of a presidential election: 1. A presidential candidate must secure the highest number of votes cast at the election 2. He/she must secure not less than 25% of votes cast in at least two-thirds of all the States of the federation and FCT The Electoral Act (2022) states that the winner of the presidential election will be subjected to the provisions of section 134 of the Nigerian Constitution. “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 only if they also fulfill a quota of 25 percent of the total votes cast in about 24 states including/and the Federal Capital Territory. Section 134, subsection 2, of the 1999 Constitution states: “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-he has the highest number of votes cast at the election; and 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.” The failure of one candidate to fulfill this requirements will make the election inconclusive. This implies that INEC will have to conduct a Run Off (second election). It must be conducted within 21 days from the date of the first election from the date of the declaration of the results for the first round of the election. What is a Run Off This is a voting system used to elect a single winner where no candidate meets the condition for securing a win in the first round. |
Re: 25% In FCT - A Simple Explanation On Why APC And INEC Have Erred (my Opinion) by Aquila99: 10:34am On Mar 24, 2023 |
bentenny: Yes. And you are here misinterpreting d laws. Are u d judge? 36 states and FCT. Falana SAN came out twice (a day to d election on arise and in January in channels tv) and said is not compulsory. Secondly. Only BAT met one of conditions accoulrding to u. Which of d oda candidates got 25% in 24 states. So assuming dia will be a runoff, who will now be d candidate to face BAT? 1 Like |
Re: 25% In FCT - A Simple Explanation On Why APC And INEC Have Erred (my Opinion) by Aquila99: 10:37am On Mar 24, 2023 |
Brendaniel: Yes. Not for the case of 25% in 24 states as you have misinterpreted. My own interpretation is also different, same as many SANs also with dia own different understanding. 1 Like |
Re: 25% In FCT - A Simple Explanation On Why APC And INEC Have Erred (my Opinion) by jumobi1(m): 10:45am On Mar 24, 2023 |
In my opinion, at the end of the day, the court can decide either way. Why should the FCT be given special treatment? Is the fact that the FCT doesn’t have a Governor and HOA enough reason to require a President score at least 25% when the he/she has already attained it in 25 other states? In other parts of the constitution involving the text “States in the Federation and the Federal Capital Territory, Abuja”, is the FCT given special treatment or treated equally? The more I read the constitution, the more uncertain I am. Lol |
Re: 25% In FCT - A Simple Explanation On Why APC And INEC Have Erred (my Opinion) by famology(m): 10:57am On Mar 24, 2023 |
It will end up in hot tears for you zombidients. Una go cry tire. The judiciary is the next to be villified because your case will be thrown out definitely. Emotions blinded you swines from seeing your defeat coming in the election, it's blinding you guys again from seeing another defeat in the court. The drafters of the constitution can never give a special right of citizenship to Abuja resident to the detriment of citizens of other states. Impossible! All Nigerian citizens are equal before the law. No Nigerian citizen is more equal than others just because of their geographical location within the country. Una go cry again as usual after the court judgement. 1 Like |
Re: 25% In FCT - A Simple Explanation On Why APC And INEC Have Erred (my Opinion) by Bede2u(m): 11:33am On Mar 24, 2023 |
dat9jaguy:the reason why lawyers get paid is to play with words. A good lawyer can successfully argue that fct is different from the states in this context. I just wish we all could move on though. Cos Tinubu will not put every yoruba person on payroll. All these are just the I pass my neighbour mentality of Africans. A Tinubu presidency shouldn't mean a 'yoruba' presidency. 1 Like |
Re: 25% In FCT - A Simple Explanation On Why APC And INEC Have Erred (my Opinion) by buchilla: 11:36am On Mar 24, 2023 |
adanny01:since 1999 winner of the presidential election has been scoring @ least 25% votes in FCT. 1 Like |
Re: 25% In FCT - A Simple Explanation On Why APC And INEC Have Erred (my Opinion) by buharitill2023: 11:39am On Mar 24, 2023 |
Brendaniel:every four years she has be getting her share, And this is the first time not to get her share because 30 boys were considered, Which is more considerate? 24 boys and the girl got 25%, or for 30 boys to get 25%, Atleast, it should be more beneficial to be accepted by 30 boys than to be accepted by 24 boys and girl, Nothing special about the girl, We are all the same members of the family |
Re: 25% In FCT - A Simple Explanation On Why APC And INEC Have Erred (my Opinion) by Brendaniel: 11:41am On Mar 24, 2023 |
buharitill2023: Your explanation does not understand the word equity.... |
Re: 25% In FCT - A Simple Explanation On Why APC And INEC Have Erred (my Opinion) by Brendaniel: 11:42am On Mar 24, 2023 |
Aquila99: It doesn't still change the fact that FCT was mentioned to to be required of 25% |
Re: 25% In FCT - A Simple Explanation On Why APC And INEC Have Erred (my Opinion) by Brendaniel: 11:47am On Mar 24, 2023 |
dat9jaguy: It doesn't mean we cannot have healthy discussions about our country and its constitution, or why do you think TV stations do the same thing even when it might not change the outcome of a court ruling.... It is our right and we can use it as we like, if you don't like it you also have the right to keep quiet and ignore us.... |
Re: 25% In FCT - A Simple Explanation On Why APC And INEC Have Erred (my Opinion) by dat9jaguy(m): 11:50am On Mar 24, 2023 |
Brendaniel: Let's try this. If you have chat genius, select legal assistant and tell it to interprete that section of the constitution for you then tell us what it says.
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Re: 25% In FCT - A Simple Explanation On Why APC And INEC Have Erred (my Opinion) by bentenny(m): 11:53am On Mar 24, 2023 |
Aquila99:No sir its self explanatory...U just need to remove emotions and you will see it explicitly! As much as i admire the legendary counsel of the great Falana,i would disagree with him on this one! 25% in FCT is mandatory....This is the only president that neither won nor attained 25% of FCT! Even the occasionally unpopular PMB worked hard enough to achieve above 25% at FCT despite losing twice! You dont need to meet just one but all the requirements....You must satisfy the requirements as stipulated in the constitution to be declared winner of the election! Its doesn't matter what the other candidates attained, the law remains the law and must be strictly adhered to with zero emotions! Based on the content of the law and the present votes attained by the three major parties pending the outcome of the tribunal,APC will square up with PDP in a runoff in 21 days from the initial election where the candidate with the highest votes will emerge winner! |
Re: 25% In FCT - A Simple Explanation On Why APC And INEC Have Erred (my Opinion) by obi4eze(m): 11:56am On Mar 24, 2023 |
Oga abi madam, Abuja is in FCT. |
Re: 25% In FCT - A Simple Explanation On Why APC And INEC Have Erred (my Opinion) by Brendaniel: 11:59am On Mar 24, 2023 |
dat9jaguy: I don't have chat genius.... |
Re: 25% In FCT - A Simple Explanation On Why APC And INEC Have Erred (my Opinion) by Oskiki: 12:02pm On Mar 24, 2023 |
KingsCity:Discretion of judges is employed in this situation |
Re: 25% In FCT - A Simple Explanation On Why APC And INEC Have Erred (my Opinion) by dat9jaguy(m): 12:03pm On Mar 24, 2023 |
Brendaniel: Try downloading the app. It is very useful. It is free on play store. Chatgpt.
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Re: 25% In FCT - A Simple Explanation On Why APC And INEC Have Erred (my Opinion) by NaijaSumigan: 12:07pm On Mar 24, 2023 |
KingsCity: It's not about whether it makes sense, so far it is what the constitution say; making sense isn't the issue but what the constitution says and the interpretation |
Re: 25% In FCT - A Simple Explanation On Why APC And INEC Have Erred (my Opinion) by buharitill2023: 12:08pm On Mar 24, 2023 |
bentenny:is fct different from "the federation" Is boy and girl different in the family, are they not giving birth by their parents? The constitution only indicated fct because is a capital of the federation, The same way, a girl is identify separately from the boys because of the gender, but the same member of the family, Fct is also identify separately because is a capital but the same member of the federation, The "AND" is just for you to add it among the states, Because if you have 25% in 24 state, you can be declared winner, till you get 25 state |
Re: 25% In FCT - A Simple Explanation On Why APC And INEC Have Erred (my Opinion) by Brendaniel: 12:23pm On Mar 24, 2023 |
famology: The problem with you Tinubu supporters is you people don't pay attention to details, you guys are always lumping things and generalizing issues. You ask why Abuja should be given special treatment from other states and I will give you a few reasons. Have you ever though of an Abuja indigene filling a form where there is a place for state of origin, remember under the constitution Abuja is not a state, the supreme court says in such matter that Abuja should be considered a state for equity, what this shows is that by virtue of Abuja been FCT it became disadvantaged on so many other things that if they are not given special privileges they will lose out a lot both as indigenes and dwellers. Now you might say it is just state of origin issue but that is where it even gets more complicated on some other matters, in 2018 the indigines of Abuja had to drag the FG to court because they were sidelined due to the constitution that states that a president must appoint ministers from every state of the federation. So past president were not appointing anyone from the FCT by the virtue of it not been a state, the case dragged to the supreme and they ruled that for equity Abuja should be given a special privilege to appoint people from Abuja for equity again. Now let's come back to the constition for electing a president, you now see why they made it mandatory for 25% in the FCT, because if they did not, FCT will be the only place that will not require the 25% by anyone to become president because it will be automatically sidelined by the virtue of not been a state and if you say that it should be lumped together as an ordinary state without making it mandatory then someone can drag the case to court and say that by virtue of the constitution the FCT is not a state. Which means that if someone gets 25% there it can be challenged as not to be counted and vice-versa. You see why it should have a special privilege making it mandatory to avoid complexity.... |
Re: 25% In FCT - A Simple Explanation On Why APC And INEC Have Erred (my Opinion) by buharitill2023: 12:26pm On Mar 24, 2023 |
Brendaniel:No, Because the drafters of the constitution did not considered equity or morality, We are talking about who is more acceptance in the federation, Tinubu were accepted in 30 states, Atiku were accepted in about 20 states, And obi in 16 states, Or as obi won fct, making the States win by obi to be 12 States, why don't you double obi number of states won to be 13 States, since fct is special. As I said before, idiotic pigs and una senior advocates of illiterate are wasting our precious time |
Re: 25% In FCT - A Simple Explanation On Why APC And INEC Have Erred (my Opinion) by Brendaniel: 12:27pm On Mar 24, 2023 |
dat9jaguy: I will try and check it... |
Re: 25% In FCT - A Simple Explanation On Why APC And INEC Have Erred (my Opinion) by famology(m): 12:28pm On Mar 24, 2023 |
Brendaniel: Your reasons are just as foolish as you. Rubbish! I'll mock you all again when you lose out in the court. Bloody losers! |
Re: 25% In FCT - A Simple Explanation On Why APC And INEC Have Erred (my Opinion) by Brendaniel: 12:33pm On Mar 24, 2023 |
buharitill2023: You still are missing the point, this like someone who does WAEC and clears all his paper and does not pass the minimum score in English, he can never gain admission in any school in the world that uses English, so why the special privilege on English. That is the same privilege Abuja gets for been the FCT of Nigeria.... |
Re: 25% In FCT - A Simple Explanation On Why APC And INEC Have Erred (my Opinion) by Brendaniel: 12:36pm On Mar 24, 2023 |
famology: This is the problem with you guys, you don't need to insult, we can have meaningful conversations without insults, make your points like I am doing mine. |
Re: 25% In FCT - A Simple Explanation On Why APC And INEC Have Erred (my Opinion) by buharitill2023: 12:39pm On Mar 24, 2023 |
Brendaniel:you're confusing yourself, If you get 25% in 24 state, you can be the declare winner, But with fct 25% can be use to make up the 25% of 25 states required, |
Re: 25% In FCT - A Simple Explanation On Why APC And INEC Have Erred (my Opinion) by Aquila99: 12:45pm On Mar 24, 2023 |
bentenny: Well, since everyone of us have a different understanding and is misinpretation opinions to both of us. Den we leave it to the Courts to decide. 1 Like |
Re: 25% In FCT - A Simple Explanation On Why APC And INEC Have Erred (my Opinion) by buharitill2023: 12:45pm On Mar 24, 2023 |
Brendaniel:in all school requirements, It is stated boldly that english and mathematics compulsory before gaining admission, But the constitution did not use the word mandatory for fct, Meaning you can win any state, provided is 25 states. The constitution made 25 states compulsory, If you get 25% in 24 states, you can't be declared winner |
Re: 25% In FCT - A Simple Explanation On Why APC And INEC Have Erred (my Opinion) by Femmyfamous4u(m): 12:52pm On Mar 24, 2023 |
Brendaniel: The, you'd be flawed. Section 299 already interpreted it. It said " for the purpose of interpretation, the FCT shall be regarded as a state" |
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