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25% In FCT And Section 42 Of The Constitution - Politics - Nairaland

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25% In FCT And Section 42 Of The Constitution by casualobserver: 12:29pm On May 11, 2023
Much has been made of the FCT and the requirement to score 25% to be declared president.

I however say such an interpretation of the requirement is unconstitutional and a breach of the rights of other citizens and I refer to section 42 of the constitution which states clearly that you cannot CREATE or IMPLEMENT a law in such a way that a citizen in one community is given advantage or disadvantage over a citizen in another community. By interpreting the 25% of FCT to mean that a presidential candidate MUST get 25% in FCT, you are giving advantage to citizens of the FCT and disadvantage to citizens of the other 36 states.

Section 42 of the constitution.

1) A citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or political opinion shall not, by reason only that he is such a person:-
(a) be subjected either expressly by, or in the practical application of, any law in force in Nigeria or any executive or administrative action of the government, to disabilities or restrictions to which citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions are not made subject; or
(b) be accorded either expressly by, or in the practical application of, any law in force in Nigeria or any such executive or administrative action, any privilege or advantage that is not accorded to citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions.

8 Likes 1 Share

Re: 25% In FCT And Section 42 Of The Constitution by OneCandleAway(f): 12:33pm On May 11, 2023
casualobserver:
Much has been made of the FCT and the requirement to score 25% to be declared president.

I however say such an interpretation of the requirement is unconstitutional and a breach of the rights of other citizens and I refer to section 42 of the constitution which states clearly that you cannot CREATE or IMPLEMENT a law in such a way that a citizen in one community is given advantage or disadvantage over a citizen in another community. By interpreting the 25% of FCT to mean that a presidential candidate MUST get 25% in FCT, you are giving advantage to citizens of the FCT and disadvantage to citizens of the other 36 states.

Section 42 of the constitution.

1) A citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or political opinion shall not, by reason only that he is such a person:-
(a) be subjected either expressly by, or in the practical application of, any law in force in Nigeria or any executive or administrative action of the government, to disabilities or restrictions to which citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions are not made subject; or
(b) be accorded either expressly by, or in the practical application of, any law in force in Nigeria or any such executive or administrative action, any privilege or advantage that is not accorded to citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions.

Do you realise there are no house of assembly in abuja. No governor. The president is the governor in abuja. So requiring just 25% of votes is fair enough compared yo other state requirements.

13 Likes 2 Shares

Re: 25% In FCT And Section 42 Of The Constitution by casualobserver: 12:35pm On May 11, 2023
OneCandleAway:


Do you realise there are no house of assembly in abuja. No governor. The president is the governor in abuja. So requiring just 25% of votes is fair enough compared yo other state requirements.

I have told you what the law says on the equality of all citizens and the rights of all citizens, if you like continue to argue with yourself. You cannot pass or implement a law that gives you an advantage over me simply because of where I live or where you live, it’s there in black and white.

10 Likes

Re: 25% In FCT And Section 42 Of The Constitution by casualobserver: 12:40pm On May 11, 2023
OneCandleAway:


Do you realise there are no house of assembly in abuja. No governor. The president is the governor in abuja. So requiring just 25% of votes is fair enough compared yo other state requirements.

BTW the real inhabitants of The FCT have been formally relocated. Officially and technically speaking there are no indigenes of the FCT in the FCT, the inhabitants have been relocated and compensated.

3 Likes

Re: 25% In FCT And Section 42 Of The Constitution by OneCandleAway(f): 12:41pm On May 11, 2023
casualobserver:


I have told you what the law says on the equality of all citizens and the rights of all citizens, if you like continue to argue with yourself. You cannot pass or implement a law that gives you an advantage over me simply because of where I live or where you live, it’s there in black and white.

Well done. When northerners are killing Christians or southerners you didn't quote the law. When there is loopsidednesss in employment giving northerners advantage over South you didn't quote the law on nairaland. When fulani herdsmen are killing southern you didn't create topic on nairaland to shout everyone is equal in Nigeria.
Now it's election time you know you can quote constitution abi?

4 Likes

Re: 25% In FCT And Section 42 Of The Constitution by casualobserver: 12:42pm On May 11, 2023
OneCandleAway:


Well done. When northerners are killing Christians or southerners you didn't quote the law. When there is loopsidednesss in employment giving northerners advantage over South you didn't quote the law on nairaland. When fulani herdsmen are killing southern you didn't create topic on nairaland to shout everyone is equal in Nigeria.
Now it's election time you know you can quote constitution abi?

Just telling you what the law says.

4 Likes

Re: 25% In FCT And Section 42 Of The Constitution by OneCandleAway(f): 12:43pm On May 11, 2023
casualobserver:


Just telling you what the law says.

Your hypocrisy stinks.

1 Like

Re: 25% In FCT And Section 42 Of The Constitution by casualobserver: 12:44pm On May 11, 2023
OneCandleAway:


Your hypocrisy stinks.

Unfortunately for you the Supreme Court is not interested in your allegation of hypocrisy only what the law say.

6 Likes

Re: 25% In FCT And Section 42 Of The Constitution by KingsCity: 12:48pm On May 11, 2023
casualobserver:
Much has been made of the FCT and the requirement to score 25% to be declared president.

I however say such an interpretation of the requirement is unconstitutional and a breach of the rights of other citizens and I refer to section 42 of the constitution which states clearly that you cannot CREATE or IMPLEMENT a law in such a way that a citizen in one community is given advantage or disadvantage over a citizen in another community. By interpreting the 25% of FCT to mean that a presidential candidate MUST get 25% in FCT, you are giving advantage to citizens of the FCT and disadvantage to citizens of the other 36 states.

Section 42 of the constitution.

1) A citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or political opinion shall not, by reason only that he is such a person:-
(a) be subjected either expressly by, or in the practical application of, any law in force in Nigeria or any executive or administrative action of the government, to disabilities or restrictions to which citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions are not made subject; or
(b) be accorded either expressly by, or in the practical application of, any law in force in Nigeria or any such executive or administrative action, any privilege or advantage that is not accorded to citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions.

The constitution makes the president the Governor of the FCT....Indeed the president governs the FCT through the minister for FCT

It is clearly unfair for FCT to be governed by someone who cant get 25% votes of the residents

4 Likes 1 Share

Re: 25% In FCT And Section 42 Of The Constitution by seunmsg(m): 12:49pm On May 11, 2023
OneCandleAway:


Do you realise there are no house of assembly in abuja. No governor. The president is the governor in abuja. So requiring just 25% of votes is fair enough compared yo other state requirements.

So, 25% is what is required to elect a governor in your state?

9 Likes

Re: 25% In FCT And Section 42 Of The Constitution by Jogs1900: 12:54pm On May 11, 2023
casualobserver:


Just telling you what the law says.
No story
Re: 25% In FCT And Section 42 Of The Constitution by OneCandleAway(f): 12:55pm On May 11, 2023
seunmsg:


So, 25% is what is required to elect a governor in your state?

I said unlike other states 25% for Fct qualification is fair enough. Which means unlike other states that require a larger percentage to win as governor, all the president needs is 25% of votes in abuja. All former presidents met this requirement.

Please go back to school if you don't understand English.
Re: 25% In FCT And Section 42 Of The Constitution by seunmsg(m): 12:56pm On May 11, 2023
KingsCity:


The constitution makes the president the Governor of the FCT....Indeed the president governs the FCT through the minister for FCT

It is clearly unfair for FCT to be governed by someone who cant get 25% votes of the residents

The FCT is a federal administrative territory. Nigerians all over the country decides who rule the country and consequently the FCT. That’s why it is lawmakers from all over the country that make laws for the FCT and not FCT house of assembly. Once a candidate wins the majority of valid votes from all over the country and has the required 25% in 25 states irrespective of how FCT residents voted, the candidate has won the right to rule the country and FCT territory which is the seat of the president.

FCT was specially created by the federating states to house the federal government as decided by the rest of Nigerians. FCT residents have no special status more than any other Nigerian and they have no power to veto the votes of the rest of the country.

8 Likes

Re: 25% In FCT And Section 42 Of The Constitution by Larryton(m): 1:00pm On May 11, 2023
OneCandleAway:


Do you realise there are no house of assembly in abuja. No governor. The president is the governor in abuja. So requiring just 25% of votes is fair enough compared yo other state requirements.





You don't need a governor in Abuja, that's why you have FCT minister in place of a governor and also the president as well. You can't have a governor and a president in the same state.

2 Likes

Re: 25% In FCT And Section 42 Of The Constitution by Kyase(m): 1:00pm On May 11, 2023
seunmsg:


The FCT is a federal administrative territory. Nigerians all over the country decides who rule the country and consequently the FCT. That’s why it is lawmakers from all over the country that make laws for the FCT and not FCT house of assembly. Once a candidate wins the majority of valid votes from all over the country and has the required 25% in 25 states irrespective of how FCT residents voted, the candidate has won the right to rule the country and FCT territory which is the seat of the president.

FCT was specially created by the federating states to house the federal government as decided by the rest of Nigerians. FCT residents have no special status more than any other Nigerian and they have no power to veto the votes of the rest of the country.

Una get time argue with nincompoops

3 Likes

Re: 25% In FCT And Section 42 Of The Constitution by seunmsg(m): 1:01pm On May 11, 2023
OneCandleAway:


I said unlike other states 25% for Fct qualification is fair enough. Which means unlike other states that require a larger percentage to win as governor, all the president needs is 25% of votes in abuja. All former presidents met this requirement.

Please go back to school if you don't understand English.

There is nothing like fair enough in our law. Whoever wins the presidential election rules the FCT irrespective of how FCT residents voted. The law is very clear without ambiguity. No one needs 25% in FCT to win the presidency in as much as he has scored the majority of valid votes and 25% in 25 other states. Emotions or fair enough doesn’t count.

6 Likes

Re: 25% In FCT And Section 42 Of The Constitution by casualobserver: 1:30pm On May 11, 2023
KingsCity:


The constitution makes the president the Governor of the FCT....Indeed the president governs the FCT through the minister for FCT

It is clearly unfair for FCT to be governed by someone who cant get 25% votes of the residents

If that is the line of logic you are taking then common sense would have told you that it is unfair for the FCt to be governed by someone who did not win the FCT or for laws of the FCT to be passed by senators and assembly men whom the residents of the FCT did not vote for. Why is a senator from Ondo central passing laws for the FCT?

Like I said section 42 surpasses all laws that is why it precedes all other laws. It establishes the rights of citizens. You cannot pass a law or implement a law that gives a resident of the FCT superiority over a citizen of Aba, kaduna or ondo.

2 Likes

Re: 25% In FCT And Section 42 Of The Constitution by ItooWorWor(m): 1:44pm On May 11, 2023
seunmsg:


The FCT is a federal administrative territory. Nigerians all over the country decides who rule the country and consequently the FCT. That’s why it is lawmakers from all over the country that make laws for the FCT and not FCT house of assembly. Once a candidate wins the majority of valid votes from all over the country and has the required 25% in 25 states irrespective of how FCT residents voted, the candidate has won the right to rule the country and FCT territory which is the seat of the president.

FCT was specially created by the federating states to house the federal government as decided by the rest of Nigerians. FCT residents have no special status more than any other Nigerian and they have no power to veto the votes of the rest of the country.

Don't waste your time on him.

1 Like

Re: 25% In FCT And Section 42 Of The Constitution by Ofunaofu: 2:12pm On May 11, 2023
Ok
Re: 25% In FCT And Section 42 Of The Constitution by oyatz(m): 4:00pm On May 11, 2023
OneCandleAway:


Well done. When northerners are killing Christians or southerners you didn't quote the law. When there is loopsidednesss in employment giving northerners advantage over South you didn't quote the law on nairaland. When fulani herdsmen are killing southern you didn't create topic on nairaland to shout everyone is equal in Nigeria.
Now it's election time you know you can quote constitution abi?

Election is a product of the constitution and the Tribunal will only rule based on what is is the constitution

1 Like

Re: 25% In FCT And Section 42 Of The Constitution by Nwaelohim: 4:15pm On May 11, 2023
OneCandleAway:


Do you realise there are no house of assembly in abuja. No governor. The president is the governor in abuja. So requiring just 25% of votes is fair enough compared yo other state requirements.

Your knowledge is very poor.
The minister of FCT is like a Governor of the State because you can’t have the president and a governor exercising their authority in one place. Those living in Abuja are Nigerian citizens therefore does not have special privileges section 299 of the constitution says Fct becomes like a state in a general election. Imagine if a state governor has to win the states capital before becoming a governor, tell me how does it sound?
Re: 25% In FCT And Section 42 Of The Constitution by Intrepid01(m): 5:08pm On May 11, 2023
casualobserver:


If that is the line of logic you are taking then common sense would have told you that it is unfair for the FCt to be governed by someone who did not win the FCT or for laws of the FCT to be passed by senators and assembly men whom the residents of the FCT did not vote for. Why is a senator from Ondo central passing laws for the FCT?



Like I said section 42 surpasses all laws that is why it precedes all other laws. It establishes the rights of citizens. You cannot pass a law or implement a law that gives a resident of the FCT superiority over a citizen of Neumann, kaduna or ondo.

Oga, you and your fellow obidients should stop fooling yourselves with this your common sense argument. The Supreme Court makes no ruling by common sense but by what the law says. Besides, why are you guys feeling like Obi will be the beneficiary of Tinubu’s disqualification? Or is it that after you guys will start looking for charges to disqualify Atiku too or strangle him to death cos I really don’t get this blind followership? Peter Obi didn’t even come close to meeting the requirements of being declared the President.

1 Like

Re: 25% In FCT And Section 42 Of The Constitution by casualobserver: 5:45pm On May 11, 2023
Intrepid01:


Oga, you and your fellow obidients should stop fooling yourselves with this your common sense argument. The Supreme Court makes no ruling by common sense but by what the law says. Besides, why are you guys feeling like Obi will be the beneficiary of Tinubu’s disqualification? Or is it that after you guys will start looking for charges to disqualify Atiku too or strangle him to death cos I really don’t get this blind followership? Peter Obi didn’t even come close to meeting the requirements of being declared the President.

I am not an Obidient, if you read what I wrote properly you will see I am saying there is nothing special about FCT, the president does not need 25% in FCT nor does he need to win FCT.

I am simply saying what the law says, no citizen in any community can have any special privileges above any other citizen and no law can give any citizen any special privilege or disadvantage any other citizen. The vote of the man in FCt is the same as the vote of the man in ilesha. It is illegal to grant the FCT voter a status above other citizens according to section 42. All citizens are equal that is the essence of section 42.

Like I always say many Nigeria have a poor grasp of English comprehension.

3 Likes

Re: 25% In FCT And Section 42 Of The Constitution by 00FFT00(m): 6:06pm On May 11, 2023
seunmsg:


The FCT is a federal administrative territory. Nigerians all over the country decides who rule the country and consequently the FCT. That’s why it is lawmakers from all over the country that make laws for the FCT and not FCT house of assembly. Once a candidate wins the majority of valid votes from all over the country and has the required 25% in 25 states irrespective of how FCT residents voted, the candidate has won the right to rule the country and FCT territory which is the seat of the president.

FCT was specially created by the federating states to house the federal government as decided by the rest of Nigerians. FCT residents have no special status more than any other Nigerian and they have no power to veto the votes of the rest of the country.

I laughed real hard while I read the rehashed, mendacious narrative you insulted informed minds with. Oh well, we are waiting for the learned gentlemen and woman in the court. Know this, however, you will need to amend the constitution as it is if you wish to successfully see these dreams you have come to life.

1 Like 1 Share

Re: 25% In FCT And Section 42 Of The Constitution by 00FFT00(m): 6:08pm On May 11, 2023
casualobserver:


I am not an Obidient, if you read what I wrote properly you will see I am saying there is nothing special about FCT, the president does not need 25% in FCT nor does he need to win FCT.

I am simply saying what the law says, no citizen in any community can have any special privileges above any other citizen and no law can give any citizen any special privilege or disadvantage any other citizen. The vote of the man in FCt is the same as the vote of the man in ilesha. It is illegal to grant the FCT voter a status above other citizens according to section 42. All citizens are equal that is the essence of section 42.

Like I always say many Nigeria have a poor grasp of English comprehension.

Are you saying the Constitution is illegal?.
Re: 25% In FCT And Section 42 Of The Constitution by casualobserver: 6:27pm On May 11, 2023
00FFT00:


Are you saying the Constitution is illegal?.

the constitution does not grant FCT voters any special status. and if it does section 42 overrides it.

The earlier the law in the constitution the more weight it carries because it is the basis on which others are built. the earlier laws set the framework for all others, particularly the laws in chapters 1-4 or sections 1-46.

that is why things like the definition of the country, states,etc, the objectives of the country, powers of the federal govt etc, citizenship, fundamental rights are spelt out in the early pages of the constitution. It tells you there will be a president in chapter 1 before it tells you how the president will emerge in chapter 6. Similarly it spells out the fundamental rights of citizens in chapter 3 before talking about how a president will be elected in chapter 6. So whatever is in chapter 6 cannot breach chapter 3.

section 42 precedes section 133 and section 42 says no law can give any citizen an advantage or a disadvantage over other citizens.

the constitution clearly says in section 42, that you cannot apply any law in such a way that it gives any citizen any advantage or disadvantage simply because belongs to a community...i.e FCT. The vote of the man in FCT cannot confer any greater advantage or status than the vote of the man in Abakaliki, Ondo or kafanchan.

5 Likes

Re: 25% In FCT And Section 42 Of The Constitution by 00FFT00(m): 6:43pm On May 11, 2023
casualobserver:


the constitution does not grant FCT voters any special status. and if it does section 42 overrides it.

The earlier the law in the constitution the more weight it carries because it is the basis on which others are built. the earlier laws set the framework for all others, particularly the laws in chapters 1-4 or sections 1-46.

that is why things like the definition of the country, states,etc, the objectives of the country, powers of the federal govt etc, citizenship, fundamental rights are spelt out in the early pages of the constitution. It tells you there will be a president in chapter 1 before it tells you how the president will emerge in chapter 6. Similarly it spells out the fundamental rights of citizens in chapter 3 before talking about how a president will be elected in chapter 6. So whatever is in chapter 6 cannot breach chapter 3.

section 42 precedes section 133 and section 42 says no law can give any citizen an advantage or a disadvantage over other citizens.

the constitution clearly says in section 42, that you cannot apply any law in such a way that it gives any citizen any advantage or disadvantage simply because belongs to a community...i.e FCT. The vote of the man in FCT cannot confer any greater advantage or status than the vote of the man in Abakaliki, Ondo or kafanchan.

Yours is an emotional argument shrouded in pseudo legal parlance. I intentionally shy away from Nairaland legal argument because I know that most people are not learned in matters of the law. What we have here is like the local newsstand jury.

Let us all wait and see how the wheel turns.
Re: 25% In FCT And Section 42 Of The Constitution by Intrepid01(m): 8:19pm On May 11, 2023
casualobserver:


I am not an Obidient, if you read what I wrote properly you will see I am saying there is nothing special about FCT, the president does not need 25% in FCT nor does he need to win FCT.

I am simply saying what the law says, no citizen in any community can have any special privileges above any other citizen and no law can give any citizen any special privilege or disadvantage any other citizen. The vote of the man in FCt is the same as the vote of the man in ilesha. It is illegal to grant the FCT voter a status above other citizens according to section 42. All citizens are equal that is the essence of section 42.

Like I always say many Nigeria have a poor grasp of English comprehension.

Lol I must have quoted the wrong comment then. Your last sentence shows you were poorly raised but I won’t blame you for someone else’s failure.
Re: 25% In FCT And Section 42 Of The Constitution by NaijaCowFarm: 8:21pm On May 11, 2023
casualobserver:
Much has been made of the FCT and the requirement to score 25% to be declared president.

I however say such an interpretation of the requirement is unconstitutional and a breach of the rights of other citizens and I refer to section 42 of the constitution which states clearly that you cannot CREATE or IMPLEMENT a law in such a way that a citizen in one community is given advantage or disadvantage over a citizen in another community. By interpreting the 25% of FCT to mean that a presidential candidate MUST get 25% in FCT, you are giving advantage to citizens of the FCT and disadvantage to citizens of the other 36 states.

Section 42 of the constitution.

1) A citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or political opinion shall not, by reason only that he is such a person:-
(a) be subjected either expressly by, or in the practical application of, any law in force in Nigeria or any executive or administrative action of the government, to disabilities or restrictions to which citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions are not made subject; or
(b) be accorded either expressly by, or in the practical application of, any law in force in Nigeria or any such executive or administrative action, any privilege or advantage that is not accorded to citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions.

Go to court! The constitution is the constitution. No 25% in FCT, no presidency- QED
Re: 25% In FCT And Section 42 Of The Constitution by NaijaCowFarm: 8:26pm On May 11, 2023
Nwaelohim:


Your knowledge is very poor.
The minister of FCT is like a Governor of the State because you can’t have the president and a governor exercising their authority in one place. Those living in Abuja are Nigerian citizens therefore does not have special privileges section 299 of the constitution says Fct becomes like a state in a general election. Imagine if a state governor has to win the states capital before becoming a governor, tell me how does it sound?
The president is the "governor" of the FCT. He cannot exercise that power of appointing a minister without getting 25% of votes. Know this and know peace. Tinubu will be removed on this and Shettima's double nomination.
Re: 25% In FCT And Section 42 Of The Constitution by casualobserver: 8:33pm On May 11, 2023
Intrepid01:


Lol I must have quoted the wrong comment then. Your last sentence shows you were poorly raised but I won’t blame you for someone else’s failure.

your parents raised you right when you were calling me a fool for simple english you now admit you didnt read correctly? Who is the fool now? you failed to comprehend what you read like so many on Nairaland and I said you displayed a lack of english comprehension which is a fact!

2 Likes

Re: 25% In FCT And Section 42 Of The Constitution by Intrepid01(m): 8:37pm On May 11, 2023
casualobserver:


your parents raised you right when you were calling me a fool for simple english you now admit you didnt read correctly? Who is the fool now? you failed to comprehend what you read like so many on Nairaland and I said you displayed a lack of english comprehension which is a fact!


My position in my last comment hasn’t changed!

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