Both the PDP and LP are contesting the Presidential Election and one of their prayers is that the election be cancelled based on the fact that Tinubu failed to get 25% of the valid votes cast in FCT Abuja which they claim is a constitutional requirement.

The part of the Constitution they are citing is Section 134 which states that the winner must meet two requirements:
1. Must get the highest number of votes
2. Must get 25% of the votes in two-thirds of the States of the Federation AND the FCT.

The bone of contention is the "AND" in that FCT requirement. Some school of thought are of the view that the "AND" imply the winner MUST also get 25% of votes cast in the FCT while the other school of thought believe the "AND" imply the FCT MAY also be considered as one of the "States" that MAY make the two-thirds requirements.

It's kind of confusing and that is why it's imperative the Courts wade into this ASAP and give their verdict to prevent any possible constitutional crises. I recommend the Appeal Court gives speedy hearing on the 25% requirement case and give their verdict. This will enable the Supreme Court give a final verdict before May 29 incase the verdict of the Appeal Court gets contested. The Appeal Court can always look at the other prayers of the election petitioners at a later date. Those cases can go beyond the May 29 date.

If you ask me, I think its best the Courts go with the latter school of thought that believe the framers of the Constitution intended to make FCT one of the "States" that MAY (not MUST) be considered when collating States that make the the two-third requirement. Meaning the candidate needs to make 25% of two-thirds of 37 "States" which approximates 25% in 25 "States". FCT can be part of the 25 "States" OR may not. If you ask me, based on INEC results, Tinubu got 25% in 30 States which is more than enough.

The people living in the FCT are not more special than people living in the federation States so it will be wrong to go with the former school of thought of making 25% compulsory for the FCT. If we do that, it means the elections in the FCT will be a do or die affair in the future.

On a lighter note, this electoral conundrum of the definition of the word "AND" is the reason why English is a very problematic subject. I always prefer Mathematics.

---

P.S. I'm an Obidient. I still believe Peter Obi won based on the valid votes cast during the election. I believe Peter Obi won with a wider margin in Lagos, Imo and Plateau State. I believe Peter won Rivers State. I also believe his votes in the other States he lost was more than what was given him. I believe that is his strongest case. This 25% case or the certificate case or the drug case are not strong enough and will be struck off. But these are just my views.

What’s the word “ and” ?

Is FCT Nigeria

Or capital of Nigeria ?

Is Abeokuta Ogun state or capital of ogun state …



People are just being Mischievous.. that’s all

The inec chairman sold presidential election for million of dollars..

Supreme Court will clear the matter

Asgard13:

What’s the word “ and” ?

Is FCT Nigeria

Or capital of Nigeria ?

Is Abeokuta Ogun state or capital of ogun state …



People are just being Mischievous.. that’s all

The inec chairman sold presidential election for million of dollars..

Supreme Court will clear the matter

I think they had to use AND because using OR would mean something very ludicrous. Imagine if they had said the winner must get 25% of votes in two-thirds of the States of the federation OR the FCT. It would mean mean someone can get 25% in the FCT and not get 25% in the other 24 States and still win the election.

Your points are not strong enough. Why are there more LGA areas in some states than some? Why don't the entire regions have exact numbers of states? Why does the north have a little more states than the south? So, you see! Several reasons come to play as to why that is so. It is not different when the FCT is given a special status in the electoral laws.

The issue is highly unnecessary and when the presidential electoral tribunal sits, they will talk about it. It's only laymen and twitter trolls that are making noise about it. Linguist, Lawyers and English Scholars know it's not an issue. What's special about Abuja, that a president aspirant must have 25% there? Abuja is one of the states of the country.

Obinoscopy:
I think they had to use AND because using OR would mean something very ludicrous. Imagine if they had said the winner must get 25% of votes in two-thirds of the States of the federation OR the FCT. It would mean mean someone can get 25% in the FCT and not get 25% in the other 24 States and still win the election.

If that was the case, then a mere "two third of the states in the federation" as the clause would have sufficed.

I think this is very nice

But it wont be done because, no body has brought it to the hearing of the court
Those wo did that (Lp,Pdp) are doing it under the election petition and it will run for a total of highest 180 days

So the Election tribunal wont give the verdict on this 25% ish alone, it has to hear all the cases and give a judgement

Therefore it would be wrong for the tribunal to rush and give a judgement on this particular case and leave the others.. it's not done like that bro

Obinoscopy:
Both the PDP and LP are contesting the Presidential Election and one of their prayers is that the election be cancelled based on the fact that Tinubu failed to get 25% of the valid votes cast in FCT Abuja which they claim is a constitutional requirement.

The part of the Constitution they are citing is Section 134 which states that the winner must meet two requirements:
1. Must get the highest number of votes
2. Must get 25% of the votes in two-thirds of the States of the Federation AND the FCT.

The bone of contention is the "AND" in that FCT requirement. Some school of thought are of the view that the "AND" imply the winner MUST also get 25% of votes cast in the FCT while the other school of thought believe the "AND" imply the FCT MAY also be considered as one of the "States" that MAY make the two-thirds requirements.

It's kind of confusing and that is why it's imperative the Courts wade into this ASAP and give their verdict to prevent any possible constitutional crises. I recommend the Appeal Court gives speedy hearing on the 25% requirement case and give their verdict. This will enable the Supreme Court give a final verdict before May 29 incase the verdict of the Appeal Court gets contested. The Appeal Court can always look at the other prayers of the election petitioners at a later date. Those cases can go beyond the May 29 date.

If you ask me, I think its best the Courts go with the latter school of thought that believe the framers of the Constitution intended to make FCT one of the "States" that MAY (not MUST) be considered when collating States that make the the two-third requirement. Meaning the candidate needs to make 25% of two-thirds of 37 "States" which approximates 25% in 25 "States". FCT can be part of the 25 "States" OR may not. If you ask me, based on INEC results, Tinubu got 25% in 30 States which is more than enough.

The people living in the FCT are not more special than people living in the federation States so it will be wrong to go with the former school of thought of making 25% compulsory for the FCT. If we do that, it means the elections in the FCT will be a do or die affair in the future.

On a lighter note, this electoral conundrum of the definition of the word "AND" is the reason why English is a very problematic subject. I always prefer Mathematics.

---

P.S. I'm an Obidient. I still believe Peter Obi won based on the valid votes cast during the election. I believe Peter Obi won with a wider margin in Lagos, Imo and Plateau State. I believe Peter won Rivers State. I also believe his votes in the other States he lost was more than what was given him. I believe that is his strongest case. This 25% case or the certificate case or the drug case are not strong enough and will be struck off. But these are just my views.

The drug related case is going to be a big one, because the persecutor in far away United States is very much ready to testify against Tinubu, and he is very much still alive

babyfaceafrica:
The issue is highly unnecessary and when the presidential electoral tribunal sits, they will talk about it. It's only laymen and twitter trolls that are making noise about it. Linguist, Lawyers and English Scholars know it's not an issue. What's special about Abuja, that a president aspirant must have 25% there? Abuja is one of the states of the country.

if Abuja is just another state, then the clause should have just read "not less than two third of the states or more" should have sufficed. Adding Abuja as part of the clause is unnecessary.

2elliot:
If that was the case, then a mere "two third of the states in the federation" as the clause would have sufficed.

is Abuja a state?

Moreover 25% in 37 states(assuming that Abuja is a state)is what?

FCT is the ultimate, Obi should be declared a winner since he won the almighty FCT after all, it's the determiner of the winner.

IVORY2009:




The drug related case is going to be a big one, because the persecutor in far away United States is very much ready to testify against Tinubu, and he is very much still alive

Obi don pursue tulumbu go exile.

Let's remove the election matter from this case first.
If you want to call states in Nigeria is it not 36 state and fct?
Now come back to the election.
I think It should be must get 25% in at least 24 state including fct?

IVORY2009:




The drug related case is going to be a big one, because the persecutor in far away United States is very much ready to testify against Tinubu, and he is very much still alive

How sure are you that he will testify in a Nigerian Court? He is an American and not required to honor any invitation from a Nigerian Court. And even if he succeeds in convincing the Courts that Tinubu is a convicted drug baron, does it mean an exconvict can NEVER run for elective office for LIFE? I think after a period of time, that exconvict can vie for office. My thinking though.

It can not be a requirement when a winner has been declared - Rule doesn’t apply

unohbethel:
I think this is very nice

But it wont be done because, no body has brought it to the hearing of the court
Those wo did that (Lp,Pdp) are doing it under the election petition and it will run for a total of highest 180 days

So the Election tribunal wont give the verdict on this 25% ish alone, it has to hear all the cases and give a judgement

Therefore it would be wrong for the tribunal to rush and give a judgement on this particular case and leave the others.. it's not done like that bro

In cases of "constitutional crises" I believe the Courts can do what they have to do to preserve the rule of law.

Obinoscopy:
How sure are you that he will testify in a Nigerian Court? He is an American and not required to honor any invitation from a Nigerian Court. And even if he succeeds in convincing the Courts that Tinubu is a convicted drug baron, does it mean an exconvict can NEVER run for elective office for LIFE? I think after a period of time, that exconvict can vie for office. My thinking though.

Why not, to make the case a smooth ride for the Lp, the said persecutor could be called upon to testify of his findings, and what made Mr Tinubu to forfeit that some of monies to the United States government, regarding him be qualified to run for the top office, it would mean he can not.

2elliot:
if Abuja is just another state, then the clause should have just read "not less than two third of the states or more" should have sufficed. Adding Abuja as part of the clause is unnecessary.

You won't understand even if I explain. Abeg let's the court decide

Obinoscopy:
In cases of "constitutional crises" I believe the Courts can do what they have to do to preserve the rule of law.

ur very correct, but the problem is that courts work on laid down rules.. they cant jump the queue 'sort of' as ur argueing

Obinoscopy:
I think they had to use AND because using OR would mean something very ludicrous. Imagine if they had said the winner must get 25% of votes in two-thirds of the States of the federation OR the FCT. It would mean someone can get 25% in the FCT and not get 25% in the other 24 States and still win the election.

Why didn't they use "including", or "in addition to" instead they opted for a logical operator 'AND" without further explanation.

The question is, do we have a living constitution whose interpretations can change with the evolution of time and season or are we stocked with conservative rigid terms that remain unchanged without a constitutional amendment?

AND is primarily known as a logical operator in computer programming and mathematics. It is used to combine two or more conditions or expressions, and the resulting output is true only if all the conditions or expressions are true. However, the term "and" can also be used in natural language to indicate a connection or relationship between two or more things.

What exactly is important about Abuja that it's a must to have 25% there ?

If no state is mandatory to have 25%, then Abuja is not different

helinues:
What exactly is important about Abuja that it's a must to have 25% there ?

If no state is mandatory to have 25%, then Abuja is not different

Because Abuja is our national melting point. It's the only place we have representatives from all the states living and working together for national good.

If you can't get broad support in the seat of government, you have no business ruling this country.

IVORY2009:



Why not, to make the case a smooth ride for the Lp, the said persecutor could be called upon to testify of his findings, and what made Mr Tinubu to forfeit that some of monies to the United States government, regarding him be qualified to run for the top office, it would mean he can not.

Read section 137(1)(e) of the Nigerian Constitution, an exconvict can contest for election after 10 years.

OfficialAPCNig:

Because Abuja is our national melting point. It's the only place we have representatives from all the states living and working together for national good.

If you can't get broad support in the seat of government, you have no business ruling this country.

That's your own interpretation of law. If Lagos , Kano dont have such status, then nothing make Abuja different

helinues:


That's your own interpretation of law. If Lagos , Kano dont have such status, then nothing make Abuja different

Lagos used to enjoy that status until the FCT was moved to Abuja.

Check Awolowo vs Shagari

I can't remember when elected representatives started sitting in Kano

Historically speaking, no one has been the president of Nigeria without winning the federal capital territory, so therefore, Tinubu shouldn't have been declared the president elect for failing to meet the requirement.

OfficialAPCNig:

Lagos used to enjoy that status until the FCT was moved to Abuja.

Check Awolowo vs Shagari

I can't remember when elected representatives started sitting in Kano

Why should getting 25% in Abuja a must?

Explain logically how

OfficialAPCNig:

Lagos used to enjoy that status until the FCT was moved to Abuja.

Check Awolowo vs Shagari

I can't remember when elected representatives started sitting in Kano

Bro you seems to have a lot of time to be replying internet trolls.

helinues:


Why should getting 25% in Abuja a must?

Explain logically how

Because Abuja is the FCT and you need broad support in the seat of government to rule the whole country.

It's easy for someone from the North West to get 25% in 2/3 of the states than someone from the South East, because NW has more states.

Also, it's easier for an Igbo man to get 2/3 of the states than an Ibibio man because Igbos have more states.

To balance that, framers of our constitution made it compulsory for a person to get 25% in FCT before being declared winner.

This kinda leveled the playing ground for everyone.