The APC is known for violation of rule of law, & any organisation with disdain for rule of law, cannot stand the test of time.The APC has a very scant regard and respect for the public and for public opinion. It also has a disdain for the law. That makes it a danger to democracy and constitutional rule".

Philgafauto:
Unless the law we practice in Nigeria is not the same with other parts of the world, then the indigenes of Abuja are about to have their own brand new state courtesy of the Nigerian Supreme Court.

Broken down for the layman to understand, the judgment of a Supreme Court on a Constitutional provision has the power of law. This is because once a provision of the constitution is interpreted against its textual provision, it means the Supreme Court has nullified that provision and there will be need to amend that section of the Constitution in adherence to the Supreme Court's interpretation. You see, the force of a Supreme Court constitutional precedent is heavy because it changes the public conduct and reliance on the law. There is a difference between a statutory precedent and a constitutional precedent. If the Supreme Court affirms the Court of Appeal (PEPT's) judgement and interpretation of the petitioners' challenge to INEC's violation on section 134 of the Constitution, it means the whole game has changed regarding the status of the FCT.

Some APC supporters might say it is impossible to have a President and a Governor in Abuja. If they do so, then their argument will be flawed because the state of Washington in the US has a Governor (Google Jay Inslee) administering the state through the legitimate means of election by the inhabitants of Washington. It is only D.C (District of Columbia) that has a mayor in the person of Mirrel Bowser (I dont know if i got the name right). So, in essence, any affirmance by the Supreme Court of the PEPT's interpretation of the provisions of section 134 should naturally lead to a flood of litigation by the indigenes of Abuja to force the National Assembly to amend the Constitution in line with the Supreme Court's nullification of Section 134 of the 1999 Constitution (As amended).

I am very happy that the people of Abuja are about to have their state and acquire the right to elect their own Governor, 3 Senators and 10 House of Reps members under the auspices of a Supreme Court constitutional interpretation which nullifies section 134 of the Constitution. Any other interpretation will mean the judgment of the PEPT will be reversed and the election of February 25th, 2023 nullified for noncompliance with the constitution. If you ask me, any judgment by the Supreme Court is a win-win situation for the Nigerian people.

I would however not put it beyond the Supreme Court to affirm the PEPT's judgment and still dismiss any subsequent suit/litigation brought by the indigenes of Abuja for the Court to recognize Abuja as a state in line with its own precedent. I mean, this is Nigeria. If that happens, i will finally accept that Nigeria is a lawless country and that i am in the wrong profession.

Nigerians of all walks of life need to acquaint themselves with the Constitution and know the power that a Supreme Court constitutional precedent has on that one binding document. Any other outcome will mean we dont have a constitution in Nigeria.

Selah.

NB: Anybody that is interested in articles on the meaning and effect of a constitutional precedent can indicate, i will forward same. Cheers.

helinues:
What's the need of having a governor when the FCT minister can play same role...

helinues:
What's the need of having a governor when the FCT minister can play same role

The normal recognized states across Nigeria, how developed are they?

Racoon:
It is the constitutionality of this burning issue that is being considered man. Read with your brain intact.

Donaldoni:
Abuja is only considered as a state as during elections. How many times shall we sound this to pigs....

helinues:
What exactly is the need of Abuja being a state? Is that going to change the lives of the citizens? The normal Nigeria states, how developed are they?.....

As for the mandatory 25% votes constitutional votes in the FCT requirements for being elect president here you have it.

Administration of the FCT

-1"The capital territory shall be treated as if it were a state

And NOT as a state.

-2"Therefore, the president and vice president shall be seen as the governor and deputy governor, the National Assembly has legislative power over the FCT, while the Federal Executive Council (FEC) serves as its State Executive Council (SEC)."

No executive governor. No state cabinet, state assembly or legislature.

-3"Section 302 of the constitution gives the president the prerogative to appoint anyone as the minister of the FCT if he so chooses, or act as the minister if he prefers not to delegate the role..."

The FCT is under the perogative of the president who delegates such power of administering the FCT to anyone whom he deemed fit. Hence such a person or individual is not a constitutionally elected governor or administrator.

-4“302. The President may, in exercise of the powers conferred upon him by section 147 of this Constitution, appoint for the Federal Capital Territory, Abuja a Minister who shall exercise such powers and perform such functions as may be delegated to him by the President, from time to time,” the constitution reads. Mr Wike will face some administrative restraints in administering the city.

A constitutionally elected governor of a state does not act or exercise power with or under any limitation.

No wonder the druggie was screaming there will be chaos if he is removed on account of this mandatory 25% requirement. This is the constitution yet dismissed by the PEPT. A precedence too has been set by the APC government.

Philgafauto:


If the Supreme Court affirms, it does not disturb the Federal Government from appointing an FCT minister for specific areas in Abuja, like Maitama, Wuse and the 3 arms zone. The Governor's purview and mandate will cover the whole state (Abuja). Please research how washington has a mayor D.C and a Governor for the whole Washington state. Heck, even Lagos had a Governor while it was the Federal Capital. It is really not that difficult unless you want to make a caricature of the Supreme Court's judgment. This is constitutional law my brother.

Judicial precedents, especially Supreme Court constitutional precedents do have real life effects. This is no joke.

I expect the indigenes of Abuja to be preparing with their legal teams.

Racoon:

Is that what the fixed Nigerian constitution told you? You are a joker. You thinks the Nigerian constitution is like the corrupt anything goes judiciary Nigeria have @ present?

helinues:


Why should I when I can read with my nose. Mtcheew.

Add fire to quench whatever that might be burning.

What exactly is the need of Abuja being a state? Is that going to change the lives of the citizens?

The normal Nigeria states, how developed are they?

Throw away emotions when replying this

Donaldoni:
Abuja is only considered as a state during a presidential election

How many times shall we sound this to pigs....

Philgafauto:


Helinues, why are you talking like this?

The judgment of a Supreme Court should be followed to the letter alongside its real life effects. Any other recourse or disobedience will lean to anarchy.

helinues:


Are you a lawyer? Cos sometimes one would just be wondering why you people thinking your wish must be done by all means.

Are you saying those who wrote the Nigeria constitution didn't know what they are doing by not calling Abuja a state?

Why should the status quo changed just because some presidential candidates loss the election?

Must rules be bend to satisfy una. Same way you guys argued about a must 25% in Abuja for a candidate to be Nigeria president, like seh Abuja people get 2 heads or they are special than other Nigerians.

Donaldoni:


Are you a lawyer Do you know more than the lawyers

Abeg gerrout!

helinues:
What's the need of having a governor when the FCT minister can play same role

The normal recognized states across Nigeria, how developed are they?

helinues:


Are you a lawyer? Cos sometimes one would just be wondering why you people thinking your wish must be done by all means.

Are you saying those who wrote the Nigeria constitution didn't know what they are doing by not calling Abuja a state?

Why should the status quo changed just because some presidential candidates loss the election?

Must rules be bend to satisfy una. Same way you guys argued about a must 25% in Abuja for a candidate to be Nigeria president, like seh Abuja people get 2 heads or they are special than other Nigerians.

Philgafauto:


Yes, i am a lawyer licensed to practice in Nigeria.

I wont be saying all these if i were a layman.

I have explained the reason for my conclusion in the write up. Calm down and read it.

Dont wound yourself because of partisanship.

I am a yoruba like you and i dont have anything against Asiwaju.

I am only giving a lecture about the effects of a Supreme Court constitutional precedent.

I am a Nigerian and i bear my allegiance to the constitution, not any fellow tribe man.

Unless we dont want to use that constitution again.

naijapips04:
You ofekes should go and read the judgement.

FCT voters are not more important than every other voter in Nigeria.

Dafresh:
I love this will Abuja also ha LG I mean chairmen?

helinues:


Guy, I can't count how many times you have been mentioning I am a Yoruba upadan , who asked you? Definitely you are not cos there is no need

Sebi na Peter Obi you supported in the last election, even though I wasn't around to engage 7 months before the election, I read all una arguments which are even more sweeter than this, all the Anap polls and co. How far today.

So why do I need to continue wasting my time with this argument when nothing will happen to the status quo about Abuja being FCT not a state.

Dafresh:
I love this will Abuja also ha LG I mean chairmen?

Philgafauto:


I keep mentioning my tribe because you APC operatives on Nairaland keep acting like it is only igbos that can be objective and fair in their analysis of issues. You are not more yoruba than me and it is not all yorubas who are tribalistic and dont care about the constitution.

Regarding your last statement that nothing will change about FCT, watch and see. Maybe you think courts are for jokes or political games.

Do you know what it takes to be a lawyer?

SMH.

Fkmodhi:
Agbados people are confused let’s see what dey will tell Ariwoola to deliver…

Racoon:
It is the constitutionality of this burning issue that is being considered man. Read with your brain intact. "Some APC supporters might say it is impossible to have a President and a Governor in Abuja. If they do so, then their argument will be flawed because the state of Washington in the US has a Governor (Google Jay Inslee) administering the state through the legitimate means of election by the inhabitants of Washington.

So, in essence, any affirmance by the Supreme Court of the PEPT's interpretation of the provisions of section 134 should naturally lead to a flood of litigation by the indigenes of Abuja to force the National Assembly to amend the Constitution in line with the Supreme Court's nullification of Section 134 of the 1999 Constitution (As amended).

I am very happy that the people of Abuja are about to have their state and acquire the right to elect their own Governor, 3 Senators and 10 House of Reps members under the auspices of a Supreme Court constitutional interpretation which nullifies section 134 of the Constitution

Standard fact challenged Obidiency. The state of Washington is not Washington DC or even near each other. JI!

Any other interpretation will mean the judgment of the PEPT will be reversed and the election of February 25th, 2023 nullified for noncompliance with the constitution. If you ask me, any judgment by the Supreme Court is a win-win situation for the Nigerian people."