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Travel / Re: Living In The Uk-life Of An Immigrant (part 2) by semmyk(m): 5:25pm On Mar 19, 2023
Great. You've escalated to the VC office.
Trust you also copied the International office, registrar in.
Someone mention Twitter, kindly do that as well.

Below are from your university. PS: I only researched. I don't have firsthand experience of ENU.
See link here and pic for extract.
Apparently, 2nd attempt at Napier is considered ‘Extenuating Circumstances’ , which has its own (Linksmiley procedure
In the circumstances, perhaps you might explore
- Apply for Retrospective Extenuating Circumstances
- Apply for Exceptional Extenuating Circumstances
Kindly pay attention to your university's Regulation A7 (noting A7.10 & A7.11) read with A4.1b and A4.1

Regarding PGDip as opposed to MSc, my understanding of how university works, is that, indeed, you can 'exit' with a 'lesser' degree award. By its nature, PGDip does not require you to fulfill the 'thesis/dissertation' requirement. Kindly, reaffirm if you must submit thesis/dissertation for PGDip.
In actual fact, what's common is for student to complete coursework and opt to exit with PGDip, instead of the MSc; by simply excluding themselves from the thesis/dissertation/project.
For your university, kindly take note of Regulation A4.1[/b]a), b), [b]c) or f) which enables Napier to conferred PGDip as Aegrotat award (unclassified) to you. Read A11.11 and A4.8 (perhaps with A11.12) alongside A4.1c
PS: the Scottish NQF is similar but different from England.

[Disclaimer: I'm not exactly sure how this work]. You may want to explore doing the one outstanding course through Open University.
Maureen4sure:
Thank you for your suggestions and advice. @Contra5, I have since emailed the vice chancellor regarding my situation.
... ...
My school is Edinburgh Napier University, and yes, students can retake a module twice within a three-month grace period.
... ...
My school is notorious for locking your school app if you fail your school fee repayment plan; even if you miss just one month, your school app will be locked Until they receive your payment.
... ...
The school finance team is very much aware of the situation of Form A in Nigeria; they just don't care. In fact, you get reported to the UKVI in the second month of your failed repayment plan.
... ...
A lot of Nigerian students here in the UK are going through a lot: some accommodation challenges, some financial challenges ( not getting a job), and some academic challenges.
Peace.
#peace #AyoNio

Maureen4sure:
... ...
I've been in the UK since January of last year on a student visa.
To get straight to the point, I failed one of my modules and also failed to resit, all not due to my fault.

My school app was locked due to a school fee delay from Form A; ... ...
I also received an email this morning from my module leader saying that I will be awarded a postgraduate diploma instead of a master's degree.
... ...
I will be submitting my dissertation by April, so I will be officially finished with school.
Please, where do I go from here?
I am a caregiver, and I have been for a year now. Getting COS from most care homes as a student has not been easy.
Hopefully, after submitting my dissertation, I can get a care home that can sponsor me.
... ...

Travel / Re: Living In The Uk-life Of An Immigrant (part 2) by semmyk(m): 4:28pm On Mar 19, 2023
Una all do well. Been away for days (few days though). There's one post I see that loud gan. I'll comment on it shortly.
As for Mamatukwas, hmmm, Last seen na Jan 20. Even Parenting in the UK don the miss am.
TheGuyFromHR still dey kampe as at 02 Mar. Just be say no post since him last here 12 Dec last year

2 Likes

Travel / Re: Living In The Uk-life Of An Immigrant (part 2) by semmyk(m): 4:17pm On Mar 19, 2023
gergemam:
Mo ro go.... 😭 😰😰😭😭
Oya send me address, make I book Bus 😎
Oga Lexusgs430 add na him WA. Slide in you go reach his post code. Na direct bus route!
semmyk:
Acting as Lexusgs430 PA for 5mins, do WhatsApp or DM @Lexusgs430 directly smiley grin smiley
Oops. My time is up.
[Disclaimer: only collated past posts]
___________________
Lexusgs430 post=114593970:
Send a WhatsApp message......

Lexusgs430:
Slide into my DM ...... grin
Travel / Re: Living In The Uk-life Of An Immigrant (part 2) by semmyk(m): 7:31am On Mar 16, 2023
Absolutely (at the bolded: #soleincome). What I understand Lexusgs430 alluding to is where both are working (having income) and only one is paying (or expected to pay or 'arm twisted' to pay) bills.
claremont:
There are many families up and down this country with a sole income. A sole parent works to pay the bills whilst the other parent takes care of the kids at home. What works for family A might not work for family B, there is no one size fits all. The problem, I find, with 2 parents working to split bills is that a large chunk of it is spent on childcare which defeats the whole purpose of both parents working in itself.
Lexusgs430:
........
One person no dey pay bills for the UK, person go just die (whilst the other person is just buying bags and sending unallocated fund's to families abroad)......😂🤪🤣
Travel / Re: Living In The Uk-life Of An Immigrant (part 2) by semmyk(m): 8:06pm On Mar 15, 2023
For emphasis, no be only one person no dey, the koko b say, one person MUST NOT
Reality b say, e dey take time down the line, when reality hits home.
Lexusgs430:
........
One person no dey pay bills for the UK, person go just die (whilst the other person is just buying bags and sending unallocated fund's to families abroad)......😂🤪🤣

1 Like 1 Share

Travel / Re: Living In The UK: Property,Mortgage And Related by semmyk(m): 7:55pm On Mar 15, 2023
Crosspost from Living in the UK: long and short, be #streetwise out there.
rayralph:
For mortgage hopefuls & first time buyers
This is an interesting conversation
Link to post below
https://www.reddit.com/r/LegalAdviceUK/comments/11q9nq8/estate_agent_lied_about_there_being_other_bidders/
kode12:
There's nothing to take here for the ordinary man. When it's a buyer's market, you can make small shakara, but when it's a seller's market there's nothing you can do, you'd be outbid and gazumped even at the 11th hour. If not the ex-staff that leaked the information, the buyer wouldn't have known what went on internally.
During our home purchase, the estate agent came back after our offer was accepted that the seller had gotten a ~8% increase at that time, houses were being snapped up even before they were advertised, we went back and forth a couple of times but didn't want to deal with going back to the market, so we accepted it and went ahead.
I still don't know if there was ever another offer being considered or the estate agent just wanted to fleece us, but after the purchase, we found out the estate agent was the seller's sister so......

1 Like

Travel / Re: Living In The Uk-life Of An Immigrant (part 2) by semmyk(m): 7:15am On Mar 14, 2023
A process that must be processed diligently within the process
Lexusgs430:
... ...
It's simply a process, everyone can achieve...... good credit ratings ......
...... Self control, is also KEY .......

5 Likes

Travel / Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by semmyk(m): 6:55am On Mar 11, 2023
Viola2017:

I just joined their webinar yesterday.-Did you later use them?
Listen to their webinar. Missed most of the first hour. At $12k - 15k, one needs to double check and be sure of legit and credibility. On face value, they seems legit though but one must be double sure.
Their 'approach' to NIW is WOW. I would not have thought of it this that way. Following their NIW approach, even for a DIY, one should sail through.
semmyk:
Has anyone used or know about Colombo & Hurd? They claim expertise in 'formulating' NIW (for EB-2B)
https://www.colombohurdlaw.com/

1 Like 2 Shares

Travel / Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by semmyk(m): 6:49am On Mar 11, 2023
GodProofPoint:
Hi everyone,
Hope you all doing well. Please I am new to the forum and I would appreciate if someone can [b]point me to the forum where I will get updates of interview dates release by US Embassy Lago[/b]s. I have been looking for an interview date for my beneficiaries and it's been difficult to get one. If anyone perhaps sees an available date please let me know at compassionatelinda@outlook.com
Thank you all so much in advance.
Dear GodProofPoint, you didn't specify which of the interviews you are referring to.

This thread is about the EB (Employment-Based) immigration process towards permanency ('Green Card').
You may try the USA threads.
Visit: https://www.nairaland.com/5807124/usa-visit-visa-part-4
Students: https://www.nairaland.com/7194807/general-usa-student-visa-enquiries-part
semmyk:
... ...
Inbtw, if it's not any of the EB, you may be better assisted in one of the US work visa thread. All the best.
For H1B - https://www.nairaland.com/7137181/everything-us-h-1b-visa-category
@Justwise, seems USA might need a work visa thread like the USA students visa or USA visit visa.
... ...
NVC/DQ
adedammy009:

Congratulations. Has your case been sent to NVC? It should be sent within 16 days or less after approval. Then expect welcome letter in 60 days or less after your case goes to NVC.
Regarding documents, see link below.
https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/LGS-Lagos.html
Travel / Re: Living In The Uk-life Of An Immigrant (part 2) by semmyk(m): 7:36pm On Mar 09, 2023
AFAIK,you are obliged to work for the duration. Otherwise, you lose your Skilled Worker visa.
However, you're free to move on. Your new employer must issue you a CoS.
https://www.gov.uk/skilled-worker-visa/update-your-visa-if-you-change-job-or-employer
eniola1010:
... ...
Also if someone is sponsored by a company lets say 5years. Is it compulsory such person work for that company for the 5years. What if he sees another better company willing to sponsor him

4 Likes

Travel / Re: Living In The Uk-life Of An Immigrant (part 2) by semmyk(m): 7:28pm On Mar 09, 2023
Short response, No. The Skilled Worker (previously T2) allow you to study.
eniola1010:
Abeg me i have some questions to ask sha
If a t4 wanna switch to t2, must the person stop his education. Or the person can be a t2 and still continue with his education?
... ...
semmyk:
... ...
[https://www.gov.uk/skilled-worker-visa]
What you can and cannot do
With a Skilled Worker visa you can:
- work in an eligible job
- study
- ... ...

Overview from Gov.uk
A Skilled Worker visa allows you to come to or stay in the UK to do an eligible job with an approved employer.
This visa has replaced the Tier 2 (General) work visa.

KCL (Kings College) emphasise that you “must intend to work”. Invariably, working becomes primary and study secondary! Ditto, the reverse

USW (South Wales) goes further to put beyond doubt
If you are in the UK in a work related immigration category..., you may undertake study that fits around your work. There is no condition which prohibits study. Therefore you are free to undertake part time or full time study whilst you are working. You should however be mindful of the following issues:
Work/study balance ... ...
Length of the course and visa expiration date ...
Leaving and re-entering the UK ...
What do you intend to do afterwards? ...


Kindly note that a number of UK universities have not updated their websites: Tier 2, Tier 4, Tier 5!!

2 Likes

Politics / Re: Verification Of Results Using “Directly Transmitted Results” Is Highly Mandatory by semmyk(m): 12:06pm On Mar 09, 2023
In law, the "I saw" in this post might passed as expressing a false statement.
OmoFiditi:
I saw Ahmed Lawan trying very hard to justify the non-transmission of results from the polling units. The fat idiot was trying to give a new meaning to 'transmission', saying that it means physically carrying the result to the INEC offices.

Ahmed Lawan is a dubious man, and should be kicked out from the National assembly.
Unfortunately, it is difficult getting a transcript or copy of the Senate proceeding for Tuesday 28 Feb. While I will be weary of relying on newspaper given the polity, I, nonetheless, take note of Punch publication of 01 March - Link: Opposition senators fault Lawan’s claims on electronic transmission

Do I agree with the SP, Lawan, I disagree, yet I do not fault his asserting (that is, on the assumption that, indeed, his expression is what it purports to be.
SP Lawan: ... “In the Electoral Act that we passed, there is nothing like the election transmission. What we passed is to transfer after all the paper works that we normally do while the agents and everybody there have the papers. INEC will scan or snap the result sheets and transfer them. We urge INEC to follow the Electoral Act and other laws on their guidelines.” ...

Let us take a look at references to transmit/transmission in the Electoral Act, 2022. PS: Those of Electoral Act 2006 cease to be valid as they are of nullity.
It is my belief that the s63 referred to in s50 is an error of omission as commonsense points to s64. Any Judge will do same on the principle of interpretation.

Apparently, a device (which happens to be the much-acclaimed BVAS) shall be used for the process of voting
- determine 'number' of voters for polling unit
- accredit voters at polling unit
- verify and record votes at polling unit
- collate and transfer votes from polling unit.

It is left to be seen how these will impact on interpretation of 'transmission', considering the principle of law on 'cannon of interpretation' as established. See: A quarter of a two-third.

As expressed by many on this thread, interesting times are ahead. Let the Court navigate the interpretation minefield.
_______________________________
Electoral Acts 2022
50.— (1) ... ...
(2) Subject to section 63 of this Act, voting at an election and transmission
of results under this Act shall be in accordance with the procedure determined
by the Commission.


152. [Interpretation.]
In this Act—
“electronic format” refers to the electronic version of the Register of
Voters or National Electronic Register of Election Results, as the case may
be, created, recorded, transmitted or stored in digital form or in other
intangible forms by electronic, magnetic or optical means or by any other
means that has capabilities for creation, recording, transmission or storage
similar to those means and which may be converted to or reproduced in a
paper document ;


63.— [Rejection of ballot paper without official mark.]
(1) Subject to subsection (2), a ballot paper which does not bear
official mark prescribed by the Commission shall not be counted.
(2) If the returning officer is satisfied that a ballot paper which does not
bear the official mark was from a book of ballot papers which was furnished
to the presiding officer of the polling unit in which the vote was cast for use at
the election in question, he or she shall, notwithstanding the absence of the
official mark, count that ballot paper.


64.— [Endorsement on rejected ballot paper without official mark.]
[I will only extract as the BluntCrazeMan has posted verbatim s64 above.]
(1) ...
(4) A collation officer or returning officer at an election shall collate and
announce
the result of an election, subject to his or her verification and
confirmation that the—
(a) number of accredited voters stated on the collated result are correct
and consistent with the number of accredited voters recorded and transmitted
directly from polling units under section 47 (2) of this Act ; and
(b) the votes stated on the collated result are correct and consistent with
the votes or results recorded and transmitted directly from polling units
under section 60 (4) of this Act.
(5) Subject to subsection (1), a collation officer or returning officer shall
use the number of accredited voters recorded and transmitted directly from
polling units
under section 47 (2) of this Act and the votes or results recorded
and transmitted directly from polling units under section 60 (4) of this Act to
collate and announce the result of an election if a collated result at his or a
lower level of collation is not correct.


60.— [Counting of votes and forms.]
(1) The Presiding officer shall, after counting the votes at the polling
unit, enter the votes scored by each candidate in a form to be prescribed by
the Commission as the case may be.
(2) ... ...
(4) The presiding officer shall count and announce the result at the polling unit.
(5) The presiding officer shall transfer the results including total number
of accredited voters and the results of the ballot in a manner as prescribed by the Commission.


47.— [Accreditation of voters and voting.]
(1) ... ...
(2) To vote, the presiding officer shall use a smart card reader or any
other technological device
that may be prescribed by the Commission, for the
accreditation of voters, to verify, confirm or authenticate the particulars of the
intending voter
in the manner prescribed by the Commission.



PS: the legal position of a regulation/policy/standard/guideline emanating from an Act (or even from the Constitution) has a certain weight in law. I shall not delve into this. Why, the provision of the Act in itself, when thoroughly subject to the test of interpretation as already formulated by our Courts (especially the SC), is capable of resolving the 'impasse'. Keywords to test are: check, verify, transfer, transmit, record and the definition of electronic format. One thing is certain, the headings of each section will be scrutinised as was done in Awolowo v Shagari 1979 and other SC election cases.
For interest sake, the guideline in question is the INEC Regulations and Guidelines for the Conduct of Elections, 2022; clause 38 comes to mind.
Politics / Re: Verification Of Results Using “Directly Transmitted Results” Is Highly Mandatory by semmyk(m): 8:05am On Mar 09, 2023
I'm unsure what's the legal basis for this: clarity, factual, emphasise, detract ...
0monnak0da:
In 2007 What percentage did Yar'adua get in Abuja?
Be it as it may, I opted to provide factual 'submission'
It was alleged that in FCT, Buhari led the poll with 91,217 votes, followed by Yar’Adua who polled 74,882 votes. Abubakar had 16,746 votes.
The problem is, the 21 April 2007 election, under the INEC chairman Maurice Iwu, goes down in history as the first and only presidential election held in Nigeria, in which there is no official state-by-state breakdown of the candidates’ scores of the 35m votes! (from the ballots that arrived, from South Africa, the Fri night of the election).
Recall that Maurice Maduakolam Iwu, a professor and then INEC chairman, declared Umaru Musa Yar’Adau of the PDP the President-elect with a figure of 24,638,063 votes without giving the detail.
INEC chairman, Maurice Owu announced:
CANDIDATE | RESULTS | VOTES %*
Umaru Musa YAR'DUA | 24,638,063 | 69.60%
Muhammadu BUHARI | 6,605,299 | 18.66%
Atiku ABUBAKAR | 2,637,848 | 7.45%
Orji Uzor KALU | 608,803 | 1.72%

With those factual 'submission', I'll make a slight legal references (not so much of legal submission)
Should we defer to the same principle (stare decisis), then we take notice that in Buhari v INEC & Ors 2007, the SC settled the 'shall' as indeed peremptory, and engaged burden of proof along with substantial proof in election (matter in Nigeria).
I am in full alignment with peremptoriness of 'shall'.
I also agree with the principle of burden of proof (and evidence) as elaborated by Niki Tobi JSC in the judgement, albeit I agree less of the application in the selfsame judgement. Fair to the SC though, the appeallant did not assist with the witnesses’ depositions filed at the Tribunal.
The Buhari v INEC & Ors 2007 interrogate extensively s45(2) of the Electoral Act, 2006 along with ss145 and 146.

Inbtw, the Okereke v Yar'Adua & Ors (SC 246/2007) [2008] 10 (09 MAY 2008) however dealt with technicalities of law: moving motions before the tribunal or court vis-a-vis pre-hearing sessions.

In Abubakar, GCON & Ors v Yar'Adua & Ors (SC 72/2008) [2008] 10 (12 DECEMBER 2008), the appeal, hinged on s145(1)(d) of the Electoral Act 2006, was premised on exclusion and mutually destructive grounds of invalidity of selfsame election for reasons of (gross) corrupt practices.

semmyk:

An interesting article on interpretation and two-thirds (pretty long)
https://www./quarter-two-thirds-nigeria-winning-formula-a-kayode-adesemowo

A quarter of a two-thirds: Nigeria winning formula
"The word “and”, being a conjunction, performing the function of joining two expressions or sentences which could be inseparable, integrated, joint or matched." - Justice Niki Tobi in Buhari v INEC, 2008
The #Nigeriadecides2023 comes in many dimensions. I shall refrain from the politics! However, there is one dimension that resonates with the other side of me. Yep, apart from cybersecurity and multimedia, and 'pythoning', I have a postgraduate in Law, albeit labour law.

I heard analysts are analysing, vehemently so, the interpretation of the "25%" requirements across two-thirds of states (in Nigeria).
Lemme put off my many caps and, for the next few minutes, put on my 'legal' cap.

[SUMMARY} How do we interpret the conjunctive 'and' between two conditioning sentences and the conjunctive 'and' within a conditioning sentence? This is the situation of the two-third impasse of (Constitution) s134(2) arising from #Nigeriadecides2023.

An interesting aspect of law is #interpretation. ... ...

1 Share

Politics / Re: Verification Of Results Using “Directly Transmitted Results” Is Highly Mandatory by semmyk(m): 8:21am On Mar 08, 2023
fergie001:
... ...
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.
An interesting article on interpretation and two-thirds (pretty long)
https://www./quarter-two-thirds-nigeria-winning-formula-a-kayode-adesemowo

A quarter of a two-thirds: Nigeria winning formula
"The word “and”, being a conjunction, performing the function of joining two expressions or sentences which could be inseparable, integrated, joint or matched." - Justice Niki Tobi in Buhari v INEC, 2008
The #Nigeriadecides2023 comes in many dimensions. I shall refrain from the politics! However, there is one dimension that resonates with the other side of me. Yep, apart from cybersecurity and multimedia, and 'pythoning', I have a postgraduate in Law, albeit labour law.

I heard analysts are analysing, vehemently so, the interpretation of the "25%" requirements across two-thirds of states (in Nigeria).
Lemme put off my many caps and, for the next few minutes, put on my 'legal' cap.

[SUMMARY} How do we interpret the conjunctive 'and' between two conditioning sentences and the conjunctive 'and' within a conditioning sentence? This is the situation of the two-third impasse of (Constituion) s134(2) arising from #Nigeriadecides2023.

An interesting aspect of law is #interpretation. Most constitutions have a provision for interpretation. In South Africa, s39(2) of the Constitution (1996 as amended) is authoritative in dictating how provisions of law are interpreted. Nigeria relies on the common law principles, called Canons of Interpretation.

Why interpretation:
Courts interpretive directive arises when there is an allegation of ambiguity in the understanding of the provision of law. This happens often in contracts. Interpretations are also sought in applying Acts and, often, the Constitution. Ironically, constitutions ought to be written in definitive plain language. Alas, contentions rage high.

Interpreting:
Interpretation must promote 'the spirit, purport and objects' of the provisions of law (constitution, acts). The courts must give credence to the construction of the provision of law (or the contract) in question. The construction is based on
- the totality of the provision of law (or Act or contract) in question
- the context of the provision of law (or Act or contract) in question
- the language of the construction (plain, nominal, functional)

Therefore the interpretive approach must not be isolating. Simply put, the wording must not be taken in isolation and/or out of context and/or out of the intent/purpose.

The approach, then is to consider:
- Textualism (plain meaning),
- Original Meaning (founding understanding),
- Structuralism (design of the Constitution),
- Historical Practices (long-established),
- Judicial Precedent (principles, rules, standards)

In K&S v Gordon, 1985 ... the dictum stood against reading section in isolation from the enactment of which it forms a part. Doing so will offend against the cardinal rule of statutory interpretation that requires the words of a statute to be read in their context. This carries through to Natal v Endumeni, 2012 where it affirms interpreting ordinary meaning in the context of the Regulations as a whole. Natal 2012 took judicial note of the principle of purpose, totality and context already formulated in Bato, 2004. The Supreme Court of Nigeria, in dismissing the appeal in Kassim v Adesemowo 2021, affirmed that "where the words used in a statute are clear and unambiguous, the Courts are enjoined to interpret the words in their ordinary and natural meanings." The SC further stated that Courts "should give a holistic interpretation to a statute." However, where there is a lack of clarity, real or perceived, interpretation kicks in. It then follows that the provisions (and principles) of extant rulings comes into play.

Two-third debacle:
A rare opportunity arises for Nigeria to revisit the interpretation of two-third yet again after the 'controversial' saga of 1979, albeit in a different context.

The two-third predecessor:
In Awolowo v Shagari, 1979, the Supreme Court was called upon to solve the mathematical puzzle of the new democratic dispensation, inter-alia the two-third of nineteen, where 19 is the number of States in Nigeria as at then! Is two-third 12 or 12 and 2/3 or 13 States. Solving this arises from the ingenuity of lawyers advising rival candidates and imposing their submissions on the Federal Electoral Commission (FEDECO), the Election Tribunal and the Supreme Court. Indeed!!, the 1979 Constitution (the 50-wise men Welfarist Constitution) was duly put to test.

What was in dispute:
Section 34 A (1)(c)(i) and (ii) of the Electoral Decree 1977 (No. 73 as amended) provides:
a Presidential candidate will be deemed to have been duly elected to such office where he has the highest votes cast at the election; and
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.


What was held:
The justices (concurring and dissenting), although not ad idem, are clear about the principles of interpretation. Although they took different view and route, they took cognisance of salient circumstances:

- realisation that they were interpreting a particular statute passed under special circumstances - the electoral law enacted through Decree
- determination of what is two-thirds of 19 States.

Essentially, they were dealing with a matter of law dealing with the interpretation of the provisions of Section 34A(1)(c)(ii) of the Decree.
- They followed an interpretive approach
- They defer to logical reasoning that States cannot be fractionalised for the purposes of elections
- They interrogate the original (founding) meaning of the drafter of the Decree
- They consider the practical and ordinal interpretation.

The 2023 two-third debacle:
In 2023, the declared President-elect has a quarter (25%) of votes in more than two-thirds of States in the Federation (Nigeria). The candidate has 19.76% of votes in the Federal Capital Territory (FCT). The second and third candidates, particularly the third candidate, contend that the INEC Chairman erred in declaring the first candidate the winner.

The 2023 dispute:
The contention is that the INEC chairman erred with the declaration ...
... “I certify that I am the returning officer for the 2023 presidential election held on the 25th of February 2003.” “That Tinubu Bola Ahmed of the APC, having satisfied the requirements of the law is hereby declared the winner and returned elected. The Certificate of Return to the president elect and Vice president elect will take place here at 3pm today (01 March 2023).” - {insertion mine}

The 2023 two-third provision:
Unlike the 1979 debacle fixated on 'mathematics', the 2023 'ambiguity' hinges on inclusion or exclusivity, (in tandem with 'representativeness' of the FCT) and the conjunction 'and'.


Here is the provision of the Constitution. (NB: I consider s134 more appropriate to s133 in the situation instant)

Nigeria Constitution (1999) section 134.
... ...
(2) 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-
(a) he has the highest number of votes cast at the election;
and
(b) he has no 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


Toward an interpretation of the two-third provision:
In the applicable section of the Constitution, there are two conjunctive "and'. The first separate sub-sections 2(a) and 2(b). The second linked FCT to States.

NB: I take notice that 'and' as conjunctive is 'resolved' in Nigeria's jurisprudence.

[Inter conditioning sentence}
At the end of s134(2)(a) is a semi-colon ";" followed by a "and". Being at the end of a sentence and in between the start of the second, the first "and" connotes a distinctness of two sentences, yet peremptorily demands the second to be 'tightly coupled' with the first. In other words, the two 'distinct' sentences must be read together and satisfied independently and jointly.

{Intra conditioning sentence} In s134(2)(b), the "and" combines two phrases: States and FCT.
- Is FCT a type of State?
- Is FCT another State?
- Is FCT a special State?
If FCT is a type of State or another State, does the "and" indicates two-thirds of 37 (36 States and #1 FCT). If so, this brings us back to 1979 (the Awolowo v Shagari saga. Two-thirds of 37 gives us 24.67, which from the authority of Awolowo v Shagari 1979 will make us consider 25 States of the '37' States.
If FCT is a special State, would the interpretation be 2/3 of 36 States and 2/3 of FCT being a representative special State? If so, would the Justices of the SC in 2023 defer to the dicta of the Justices in 1979 ... if two-thirds of FCT had been intended, would the 'legislature' have not said so in clear terms!
Is this what it is or there is or there are other intents of the legislature? We shall see in the coming weeks/months as the Supreme Court Justices are called to interpret.

{intra and inter conditioning sentence}
Bringing the intra 'and' within s134(2)(b), and the inter 'and' between s134(2)(a) and (b), we would have to look at the ratio or the reasoning of the majority in Buhari v INEC 2008. Thus, it is safe to say:
for the inter, there are two distinct conditions in 2(a) and 2(b) that must be satisfied independently and jointly;
for the intra, there are two phrases. One is a condition, and the other is a non-conditioning expression.
--- (b) 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.
for the intra, we alternatively break down into two part with each having a conditioning part as
--- (b) 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 (he has not less than one-quarter of the votes cast at) the Federal Capital Territory, Abuja. {insertion mine}
PS: The writer notes the writing of s146 of the Electoral Act 2006 (which Buhari v INEC is based on) carries through to s135 of the Electoral Act 2022.

Consideration of FCT as a State or special State
Throwing into the mix is an existing judgement (pending implementation!!). The Appeal Court judgement, extensively interrogated s299 of the Constitution vis-a-vis the promulgation of the FCT (Decree 6 of 1976; Cap 503 LFN, 2004). [I note there purports to be a Senate resolution. The writer, (mindful of misinformation), cannot locate a/the Senate Votes and Proceeding for 31 Jan 2019).

The Baba-Panya v President 2018 Appeal Court judgement places FCT as one of the States of the Federation pursuant to ... as if ... in s299 of the Constitution.

I leave it for the Courts to make a determination of the construction of s134(2) of the constitution as read with s299 and s3 of the Constitution.

Conclusion:
Inevitably, precedent shall come to play. It will be foolhardy not to consider Awolowo v Shagari, 1979 as applicable or irrelevant. On the premise that it would be and should be

the 1999 Constitution would be interpreted according to the 'Canon of Interpretation'.
- The 'intent' of the legislature (in framing) would be interrogated
- There was no FCT in 1979
- There was litigation about two-thirds in 1979
- The drafter of the 1999 Constitution would be considered to have 'learnt their lesson' and 'covered their ground'
- FCT is given special consideration and defined in section 3 and clarified in Part III (Federal Capital Territory, Abuja Executive Body)
- The 'special' dispensation of the FCT necessitates the need to consider it alongside other States so that the FCT is not disenfranchised or 'belittled'.
-;The principle of democracy and social justice in s14

I will not make a pronouncement. This article gives pointers to "matters to be decided" in considering FCT in the context of the States of the Federation (of Nigeria).

1 Like 1 Share

Politics / Re: Labour Party Stalwarts Meet Lagos APC PC On Alliance For Sanwo-Olu by semmyk(m): 6:42am On Mar 08, 2023
Incorrect or manipulated Wikipedia Snapshot.
kayone2:
We're the structure!!!
No amount of lobbying can make us the OBIdient youths lose focus.
We must utilize this opportunity to retire all these corrupt money politicians in a bid to clean up our political space for a New Nigeria.
It is PO-ssible
Wikipedia Snapshot on 08 Mar 23 06:35 (NGN)
Politics
On 16 September 2018, Babajide Olusola Sanwo-Olu formally declared his intention to run for the office of the governor of Lagos State under the platform of the All Progressives Congress (APC) making him a major contender to the incumbent governor Akinwunmi Ambode.[12]

His declaration attracted endorsements from major stakeholders in Lagos State politics; including the Governor’s Advisory Council of the Lagos chapter of the All Progressives Congress[13] and members of the Lagos State House of Assembly,[14] which led to withdrawal of Dr. Obafemi Hamzat,[15] a governorship aspirant on the platform of the All Progressives Congress APC in Lagos from the gubernatorial race.

He won the Lagos gubernatorial primaries of the All Progressives Congress (APC) on 2 October 2018. At the APC flag-off campaign rally held on 8 January 2019, Governor of Lagos, Akinwunmi Ambode, and 63 political parties lent their support for the candidacy of Mr Babajide Sanwo-Olu.[16] In a landslide victory over his opponent, Jimi Agbaje, Sanwo-Olu was elected to the Office of Governor of Lagos State at the 2019 General elections for Lagos State which held on 9 March 2019.[17] He was sworn in as the 15th Governor of Lagos State at the Tafawa Balewa Square (TBS) Lagos Island on Wednesday May 29, 2019.[18]

He has been working on different development activities, one of which is road construction across major areas in Lagos state. Recently, Sanwo-olu asked that the statue of Fela Kuti that was erected by Akinwunmi Ambode be removed from Allen Avenue in Ikeja as he to ease the situation of traffic in that area. However, the statue is said to be relocated to a more convenient area in Lagos state.[19] The Governor commissioned the Oshodi - Abule-Egba BRT Lane amongst other projects in 2020.[20]

Travel / Re: GENERAL Irish (student)visa & Work Permit-New THREAD*** by semmyk(m): 9:01pm On Mar 06, 2023
Irish visa is distinct from Schengen visa. Simply put, Irish visa is not part of Schengen. Although, Ireland is part of the EU.
docjosh001:
Hi everyone,
Am new here, i would like to know how to apply for irish visa MSc studies, processing time and documents required. Also, is irish visa applicable to schegen visa ie can you travel freely between ireland and other European countries.
Welcome and all the best with your sojourn.
Your post is too broad. Consider researching MSc in Ireland and come back asking specific questions for clarity or guidance.
Kindly give thought to this thread's first page - https://www.nairaland.com/4056995/general-irish-student-visa-work
You may want to check the Irish requirements FAQ posted above on this page.
semmyk:
It's here and there on the thread. For definitive info, the official site has a collation
https://www.irishimmigration.ie/coming-to-study-in-ireland/frequently-asked-questions-for-students/
Travel / Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by semmyk(m): 8:51am On Mar 06, 2023
From the looks of things, your former employer might be putting you in catch-22. I don't know. I can't say.
Without a NIW as applicable in EB-2, you'll require
"Labor certification and a permanent, full-time job offer"
EB -3: https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-third-preference-eb-3
The gurus in the house should be able to guide you appropriately.
PS: I'm not US domiciled
shokimon:
... ... Please help, I have a SSN (Subject to DHS authorisation), Epired Driver's Licence and an Expired EAD (Employment Authorisation Document)

I presently live in Nigeria after i left the US 7yrs ago.

I want to take advantage of the EB-3 skilled or unskilled route under health worker (care). I contacted my former employer they said I should get in touch with the consulate in my country. What do I do concerning that or what steps do I take getting back to the US?

SemmyK
NotsonewMary
Adigun27 and others...

1 Like

Travel / Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by semmyk(m): 8:41am On Mar 06, 2023
blezzino:
Good day guys,
I really want to know more about the work Visa package in the US,i would also need advice on the amount needed for this to work
Thank you
This thread is about the EB (Employment-Based) immigration process towards permanency ('Green Card'). You may try the USA threads.
semmyk:
... ...
Inbtw, if it's not any of the EB, you may be better assisted in one of the US work visa thread. All the best.
For H1B - https://www.nairaland.com/7137181/everything-us-h-1b-visa-category
@Justwise, seems USA might need a work visa thread like the USA students visa or USA visit visa.
... ...
Education / Re: Thread For PHD Students by semmyk(m): 3:57pm On Mar 05, 2023
No harm in trying. Pls do. No one knows which seed/stem will germinate/bud.
Note though, Bachelor degree to PhD are typically 1st class. 2nd upper might be considered. Coming from Global South with 2:2 (or 2:1) especially without (credible publications), safer going via Masters.
Vicrown:
Full scholarships in the UK are still accepting applications!
Move from a BSc to a direct PhD at the University of Portsmouth. The funding covers:
✅Full tuition
✅£18,000 stipend
✅Conference & research grants
✅English test waived
Watch how to apply: youtu.be/4IzenycUHJo
Travel / Re: Living In The Uk-life Of An Immigrant (part 2) by semmyk(m): 11:38pm On Feb 28, 2023
Skilled Worker, health and care visa thread - https://www.nairaland.com/6748312/uk-skilled-worker-visa-health/345#121339535
prinzeindygo:
My people pls help a neighbour is IELTS IDP/MOD ACCEPTABLE FOR care work visa ?

2 Likes

Travel / Re: GENERAL Irish (student)visa & Work Permit-New THREAD*** by semmyk(m): 8:15am On Feb 28, 2023
0taPiaPia:
I read somewhere on this thread were someone made mention of 20hrs weekly working duration for Irish student visa. Please how true is this ?. Thanks
It's here and there on the thread. For definitive info, the official site has a collation
https://www.irishimmigration.ie/coming-to-study-in-ireland/frequently-asked-questions-for-students/

1 Like

Travel / Re: Living In The Uk-life Of An Immigrant (part 2) by semmyk(m): 8:06am On Feb 28, 2023
Ralphlauren:
...
Were you forcing your kids to do their homework? Did you leave them upset and very distressed over completion of their homework? Harming a child doesn't have to be physical- it can be mental or emotional harm.
... ...
And the BAME ends up not getting the grades for Russell Schools!!!!
#SystemicExclusion init

4 Likes

Travel / Re: Living In The Uk-life Of An Immigrant (part 2) by semmyk(m): 8:02am On Feb 28, 2023
Allow me to rephrase that ... This is one issue I have with the deceitful, hypocritical, sanctimoniosly, pharaseeism, double standard, double-dealing, self-acclaimed defender of the society, getting children adopted or taking into foster care with pretense, will it gaurantee the child is properly raised? ...
? is, why do we have lots of societal ill vice in predominantly BAME areas.
PS: I condemned in the strongest term, abuse in the family, whether against children or wife or husband. #NoToAbuse
nnekaike:
This is one issue I have with the whites, getting peoples children adopted or taking into foster care will it gaurantee the child is properly raised?....

4 Likes

Travel / Re: Living In The Uk-life Of An Immigrant (part 2) by semmyk(m): 7:10am On Feb 27, 2023
See General UK visa thread
You'll get great assistance and the YouKay gov site
eniola1010:
Guys how much is needed for visit visa to uk and what duration will the money sit in the acc for?
Also, can someone who is yet to apply for the visa do tb test. Cab tb test be done before visa application

1 Like

Politics / Re: Nigerian Presidential Election 2023: Result Updates from INEC portal & Collation by semmyk(m): 7:00am On Feb 27, 2023
peepydelano:
Enough of all these polling units results abeg, it’s for this same reason the Obidients were initially jubilating. Stop misleading the public, there’s tension everywhere
77up:
Grow pass unit results please, give us local government or state if you have.
Tflex01:
Seun pls close down this thread or regulate who can post here.
A situation where a supporter only source for a poling unit (imagine not even a Ward or LG) where his candidate is leading is too confusing and it's not what we really want right now.
israelinvests:
... ... We awant to see lg results...
U are creating confusion here.... Pls do the needful....
We need geniue information pls...

The best should win...
... ...
Politics / Re: Nigerian Presidential Election 2023: Result Updates from INEC portal & Collation by semmyk(m): 6:59am On Feb 27, 2023
The claim was clear (readable). The evidence (the INEC form) is not legible (very blurry); interestingly so.
Even with the blurriness, vital info are missing
- accredited voters
- spoilt votes
... ...
thatigboman:
Oya, propagandists, explain this. LP 199 in one polling unit alone in Bauchi and collated result say LP 185 in the whole of Bauchi LGA. Rubbish
Travel / Re: Living In The UK: Property,Mortgage And Related by semmyk(m): 5:20pm On Feb 26, 2023
I don't have firsthand experience. However, I can chip in pending when the gurus comes on board.
- By buy another house, are you referring to BTL or a second 'home'
- 'Landlord ltd' or 'special purpose vehicle instrument' as it's called is often used to 'reduce' company tax obligation
- claim interest on a mortgage as an expense
- 'evade' the extra charge in stamp duty
- be prepared for more 'paper works'. Well, what are accountants for!
dustydee:
Can someone with help to buy buy another house using a limited company?
What are the disadvantages of buying a house in a business name rather than in your name?

1 Like

Travel / Re: Parenting In The UK As A Nigerian Migrant. by semmyk(m): 4:54pm On Feb 26, 2023
Crosspost from Living in the UK thread
bigtt76:
The Nigerian Community Association in Bradford (NCAB), presents an interactive session on "parenting / Children Law UK"

Children are our future and we must do right to raise them right. Given the cultural conflict on how to raise children in Nigeria, compared to the UK, the Nigerian Community Association in Bradford is organising an interactive session, with expert and experienced discussions on how to train our kids right, without falling foul of the British laws.
The highly anticipated workshop is scheduled to hold as follows

Session: An interactive session on "parenting / Children Law UK"

Date: Sunday, February 26th 2023

Time: 6pm

Venue: Zoom https://us02web.zoom.us/j/5260377898?pwd=Z09ZOUhLM0s3MkN3ZVBUek4vVzNIZz09

1 Like

Travel / Re: Living In The Uk-life Of An Immigrant (part 2) by semmyk(m): 9:54pm On Feb 25, 2023
Delayed Haba. This simply mean you did sputum test because of irregularity in your X-ray.
giftedchild009:
What led to the delay is IOM results, IOM delayed the TB test certificate for more than 10 weeks before they release it and ... ... Can I sue UKVI for this?
Suing UKVI is a different thing. Not so sure how far you'll go on that. If TLS is not joined, your matter will stalled with non-joiner technicalities without dealing with the substance!
Inbtw, you should engage with the UK students visa thread

2 Likes

Programming / Re: Obs Studio Error Nvenc Or Amd Not Recording Screen by semmyk(m): 2:07am On Feb 25, 2023
Michaelesoimeme:
Kindly provide further info for others to respond accordingly
Travel / Re: Living In The UK: Property,Mortgage And Related by semmyk(m): 2:04am On Feb 25, 2023
Thanks for the feedback
Solumtoya:
I have an appointment with moneybox on Friday to discuss their services.

UPDATE: They were able to get 2 Lenders willing to lend to Tier 2 folks. One was normal 25% deposit and was willing to lend with only 6 months UK Address History. The second was willing to accept 10% deposit but minimum 2 year UK Address history;
They were also gonna lend as much as 4 times my family income.

1 Like 1 Share

Travel / Re: Living In The Uk-life Of An Immigrant (part 2) by semmyk(m): 1:56am On Feb 25, 2023
babajeje123:
Those social workers are evil, they gave 2 kids recording devices to monitor the kids' conversation with their parents and instructed the kids not to inform their parents about the devices ... ....
oyoolima:
shocked howwww is this possible?? Please come and explain more..
I don't know how true this specific one is. However, it's possible.
Hence, I persists that
1. The concept of rationale is noble,, however
2. The execution leaves much to be desire especially against BAME.
2.1 they're overly intrusive 'piercing the veil' by deceitful, hypocritical, 'sanctimoniosly', phariseeism, double standard, double-dealing 'bigotries': 👃-poking oversabi teacher, social worker ....
2.2 there's tendency for laxity or turning away blind eyes in 'affluent' areas or of certain types!.
3. We, do not assist, especially where there are two centers in the house or with our ... I don arrive mentality

1 Like

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