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Prof Osunbor: No Place In Constitution That Says You Must Score 25% In FCT - Politics (11) - Nairaland

Nairaland Forum / Nairaland / General / Politics / Prof Osunbor: No Place In Constitution That Says You Must Score 25% In FCT (35071 Views)

Ministerial Nominees: Osunbor, Mohammed May Make List / Aondoakaa Insists Tinubu Must Score 25% In FCT To Be Declared Winner / Reno Omokri Likens Peter Obi and Okupe To Anini And Monday Osunbor (2) (3) (4)

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Re: Prof Osunbor: No Place In Constitution That Says You Must Score 25% In FCT by Nobody: 12:42pm On Apr 15, 2023
Faposky95:


If there is no law ... there's .....?
Every land has laws...and it's interpretations.....
Let's also discuss one another in sense.
Why a written Constitution when that of our colonial masters is not written....?!

Go ask them in UK or Abuja.
Re: Prof Osunbor: No Place In Constitution That Says You Must Score 25% In FCT by ObaIgwe1: 12:42pm On Apr 15, 2023
DoxxAnon:
Ask any secondary school student who writes SSCE when they say a Pass in any 4 subjects and English Language.

The Pass in English is actually compulsory which is why it was not stated as a Pass in any 5 subjects.

How do you calculate 2/3 of 37? What is 0.666667 of a state?

#Ponderings


PoliteActivist:


I seem to he conversing with not too smart people here.
"At least" here is irrelevant. It simply means "You could get more but you can't get less". It contributes nothing to what we are discussing. You can totally ignore it.

⅔ of 37 entities is NOT 25, neither is it 24


Leaving you the ONLY possible correct answer:
24 planets and the Sun!

Sheggy13:

I knew it would come down to this - insults. The modus operandi of Obidients. You guys can't hold conversations in a civil manner. It has to be your way only. How can you say "at least" there is irrelevant. It's the presence of "at least" that makes it above 24 (25 or more entities) as 2/3 of 37 is a fraction exactly 24.667 and you can't present fractionalised number of states. There's no point having a conversation with you any further. I know you would soon want to teach the judges at the supreme court English by the time they make their rulings on this FCT 25% rubbish,since you're the only smart one.

Do you think the drafters of the constitution are idiots such that a candidate who perhaps wins all 36 states and fail to get 25% in FCT will be denied bring returned as President when his closest competitor couldn't secure up to 25% in 24 states?

Let me help this argument with a little bit of history.

Similar provision was made in the 1979 constitution. Then we had 19 states and 2/3 of 19 is 12.667 (12 2/3). After the election Sagari had min 25% scored votes only in 12 states and was declared winner. Awolowo took him and FEDECO (Then INEC) to court.

The 13th state was the issue, which was Kano State. Shagari scored 243,423 votes, equivalent to 19.4% of the 1,220,763 total votes cast in Kano State.

Guess what? The Tribunal calculated the 0.667 (2/3) of the votes in Kano, then calculated 25% of it for Sagari, and Sagari votes was enough for that. That was how Sagari became President without a rerun.

But The Supreme Court was later to direct that this decision should not be cited as precedent and even in later years, apologised for the judgment. Sagari should have scored minimum 25% in 13 states (which is the approx value of 12.667 states) to be declare a winner.

Now Abuja should be treated as a state according to the constitution, which will mean we now have 37 states for the purpose of election. 2/3 of 37 will be 24.667. To be declared a winner you will need to also have at least 25% votes cast in 25 states, which is the approximate value of 24.667. If Tinubu had only 25% in 24 states, there would have been problem similar to 1979. But fortunately for him he has 25% in 29 states.

1 Like

Re: Prof Osunbor: No Place In Constitution That Says You Must Score 25% In FCT by iReddington: 1:03pm On Apr 15, 2023
Afamsi:
you this werey go away na. Abi na me do you?
Your father must have passed the werey gene he inherited to you, for you to be shouting werey upandan. Omo alaniran grin no be werey full your family, abi you think say we no know your gist.
Re: Prof Osunbor: No Place In Constitution That Says You Must Score 25% In FCT by PoliteActivist: 1:08pm On Apr 15, 2023
limcar:
You lack understanding. The Constitution says 25% in two-third of 36 states and the fct, meaning 25% in 24 states with or without the fct

I am done. I just can't. I simply refuse to have discussions with someone who reasons like this
Re: Prof Osunbor: No Place In Constitution That Says You Must Score 25% In FCT by Onitemhi(m): 1:13pm On Apr 15, 2023
Holluwhakemmy:
I don't have a brainless father like you.
he choke me
Re: Prof Osunbor: No Place In Constitution That Says You Must Score 25% In FCT by Afamsi: 1:16pm On Apr 15, 2023
X
Re: Prof Osunbor: No Place In Constitution That Says You Must Score 25% In FCT by PoliteActivist: 1:27pm On Apr 15, 2023
ObaIgwe1:







Let me help this argument with a little bit of history.

Similar provision was made in the 1979 constitution. Then we had 19 states and 2/3 of 19 is 12.667 (12 2/3). After the election Sagari had min 25% scored votes only in 12 states and was declared winner. Awolowo took him and FEDECO (Then INEC) to court.

The 13th state was the issue, which was Kano State. Shagari scored 243,423 votes, equivalent to 19.4% of the 1,220,763 total votes cast in Kano State.

Guess what? The Tribunal calculated the 0.667 (2/3) of the votes in Kano, then calculated 25% of it for Sagari, and Sagari votes was enough for that. That was how Sagari became President without a rerun.

But The Supreme Court was later to direct that this decision should not be cited as precedent and even in later years, apologised for the judgment. Sagari should have scored minimum 25% in 13 states (which is the approx value of 12.667 states) to be declare a winner.

Now Abuja should be treated as a state according to the constitution, which will mean we now have 37 states for the purpose of election. 2/3 of 37 will be 24.667. To be declared a winner you will need to also have at least 25% votes cast in 25 states, which is the approximate value of 24.667. If Tinubu had only 25% in 24 states, there would have been problem similar to 1979. But fortunately for him he has 25% in 29 states.


Thanks for the history, but you are being deceptive.
Even the Supreme Court apologized for the nonsense.
That case is quite different and I suspect you know it.
All are states and non was mentioned specifically

Here's the truth, the bottom line:
The drafters made a MISTAKE in their wording. They should have written:
"⅔ of 36 states, but FCT can substitute for a state". OR "25 states with FCT being counted as a state"
Instead they effectively wrote:
"¼ in ⅔ of the 36 states, AND (PLUS) ¼ in FTC"!

That's the TRUTH. Doesn't mean that's how Supreme Court will rule.

Instead of being dishonest and twisting clear words out of shape, let's work together and correct the wording in the constitution for the sake of future generations!
Re: Prof Osunbor: No Place In Constitution That Says You Must Score 25% In FCT by Tycyborg(m): 1:48pm On Apr 15, 2023
kettykin:
But in the same constitution there is a place where it says you can't have a criminal past

Then if it's that all the candidate both apc, pdp and LP are criminals and have shaddy background... They all have criminal records... There is this USA candidate that was over run because he stole a pencil in his childhood that's also criminal... To me aside sowore who runs his mouth like tap water... Other candidates excluding apc, pdp and LP are not qualify being a crimal in the past. LP is recycled pdp, apc is recycled pdp and apc and PDP is recycled pdp and apc... All thieves.
Re: Prof Osunbor: No Place In Constitution That Says You Must Score 25% In FCT by limcar: 2:29pm On Apr 15, 2023
PoliteActivist:


Thanks for the history, but you are being deceptive.
Even the Supreme Court apologized for the nonsense.
That case is quite different and I suspect you know it.
All are states and non was mentioned specifically

Here's the truth, the bottom line:
The drafters made a MISTAKE in their wording. They should have written:
"⅔ of 36 states, but FCT can substitute for a state". OR "25 states with FCT being counted as a state"
Instead they effectively wrote:
"¼ in ⅔ of the 36 states, AND (PLUS) ¼ in FTC"!

That's the TRUTH. Doesn't mean that's how Supreme Court will rule.

Instead of being dishonest and twisting clear words out of shape, let's work together and correct the wording in the constitution for the sake of future generations!
the Constitution is clear. We don't need mathematical calculation to solve the answer. 25% in Two third means twenty three states plus Abuja or twenty four states excluding Abuja. Simple as ABC
Re: Prof Osunbor: No Place In Constitution That Says You Must Score 25% In FCT by PoliteActivist: 2:35pm On Apr 15, 2023
limcar:
the Constitution is clear. We don't need mathematical calculation to solve the answer. 25% in Two third means twenty three states plus Abuja or twenty four states excluding Abuja. Simple as ABC

I refuse to engage in discussion with people of this level of reasoning. - people who think that ⅔ of 36 is 23. I simply won't do it, and no one can force me.
Re: Prof Osunbor: No Place In Constitution That Says You Must Score 25% In FCT by OsunOriginal: 2:41pm On Apr 15, 2023
ganisucks:
All the election riggers have united in support of Baba blue, the father of election rigging.

This guy's interpretation is really funny.

Make APC dey play. Let them not go and start preparing for rerun, like their internal memos have suggested. Let them continue petting Baba blue.
When Tribunal sacks them, them go dey alright.

Even the whole world has joined them by listing Tinubu amongst the top 100 influential people in the world and around the same time detaining Obi in London and deporting him back to Nigeria. What a conspiracy against Obi and his gang grin grin grin grin grin
Re: Prof Osunbor: No Place In Constitution That Says You Must Score 25% In FCT by Onitemhi(m): 2:46pm On Apr 15, 2023
Afamsi:
your olosho mom was careless that is why you ended up becoming a werey eating from refuse dump. Go away to your olosho mom, no be me do you
hehehehehe I laugh tired
Re: Prof Osunbor: No Place In Constitution That Says You Must Score 25% In FCT by kafeii123: 2:55pm On Apr 15, 2023
Its after this matter, that a cinstitution ammendment will correct this issue. However at the moment, everyone in the world knows than AND is different from OR and its also different from INCLUDING. the problem is justt that more powerful people want the three word to mean the same thing now. They are only looking for willing hands to do the job. the judiciary is more worried about the precedent that the very convenient selling of justice will lay for the future of the country but if they in the end still throw all caution to the wind and judge in the interest of the powerful..... there is almost nothing anyone can do..... The whole world watched on while we killed and butchered ourselves all through the coup periods....they wont still do jack if we decide to go that route again anytime.... na we go suffer am.
Re: Prof Osunbor: No Place In Constitution That Says You Must Score 25% In FCT by okuta007: 3:02pm On Apr 15, 2023
APCNig:


When a professor talks, school dropouts should be quiet.


professor that was removed from office for rigging election against oshomole ? grin grin grin grin grin his thinking is skewed - that was why he failed against oshomole in court in 2008
Re: Prof Osunbor: No Place In Constitution That Says You Must Score 25% In FCT by ObaIgwe1: 3:28pm On Apr 15, 2023
PoliteActivist:


Thanks for the history, but you are being deceptive.
Even the Supreme Court apologized for the nonsense.
That case is quite different and I suspect you know it.
All are states and non was mentioned specifically

Here's the truth, the bottom line:
The drafters made a MISTAKE in their wording. They should have written:
"⅔ of 36 states, but FCT can substitute for a state". OR "25 states with FCT being counted as a state"
Instead they effectively wrote:
"¼ in ⅔ of the 36 states, AND (PLUS) ¼ in FTC"!

That's the TRUTH. Doesn't mean that's how Supreme Court will rule.

Instead of being dishonest and twisting clear words out of shape, let's work together and correct the wording in the constitution for the sake of future generations!

Nope. It is very simple and straightforward. There is no mistake anywhere. The intent and and understanding of the constitution is clear.

When defining the geographical entities that make up Nigeria, it is always "36 states and Abuja".

By intent and purpose, there is no reason to give Abuja voters special consideration, the voters in Abuja are not different from voters in other states. And don't forget, it is not only Abuja indigenes that can vote in Abuja, Anyone living in Abuja can vote in Abuja as it is in other states.

Abuja by itself is not state, it is a territory carved out for the federal government. But then the people living there are Nigerians and they are entitled to vote like people in other states.

Now Section 299 of the Constitution of the Federal Republic of Nigeria states clearly "The provisions of this Constitution shall apply to the Federal Capital Territory, Abuja as if it were one of the States of the Federation" Abuja is not a State, but the constitution wants it treated as if it were a state. This is why Abuja is being treated as the 37th state.

It is just per chance that 2/3 of 36 gives us a round figure of 24 but the constitution makes provision for creation of more states.... What happens when we now have say 38 or 39 states? We will still have fractions when we try to find the 2/3. But that shouldn't be a problem.

Supreme Court in their apology agree with Late Justice Kayode Eso, the only dissenting judge of the 1979 Supreme court case against against Sagari; that we can not have fraction of a state, so whatever excess on the whole calculation should be taken as complete state. What that means is that even if the calculation of 2/3 comes to say 24.05, the .05 must be taken as whole, which is 25 because we do not have fraction of a state.

There is no ambiguity here, except you jut want to refuse to see things as it is.

PoliteActivist:


I refuse to engage in discussion with people of this level of reasoning. - people who think that ⅔ of 36 is 23. I simply won't do it, and no one can force me.

You just don't wanna accept the fact. Even if the Supreme Court rule disagrees with you, you will still not accept. Things are not base on what you want or think it should be...

Think about this: imagine we have 2 candidates and one wins 36 states and a candidate from Abuja wins Abuja by over 90%, so we will continue to have inconclusive and rerun election even if election was done 1000 times only because of Abuja. Can that be the real understanding of that part of the constitution?

1 Like

Re: Prof Osunbor: No Place In Constitution That Says You Must Score 25% In FCT by BluntTheApostle(m): 4:16pm On Apr 15, 2023
Vinnie2000:


Hope you know that they Produced World Renown Mathematician CHIKE OBI and PHILIP EMEAGWALI? 😏

As u won dey Mumu so. sad






Remove that fraud Emeagwali.
Re: Prof Osunbor: No Place In Constitution That Says You Must Score 25% In FCT by limcar: 4:38pm On Apr 15, 2023
ObaIgwe1:


Nope. It is very simple and straightforward. There is no mistake anywhere. The intent and and understanding of the constitution is clear.

When defining the geographical entities that make up Nigeria, it is always "36 states and Abuja".

By intent and purpose, there is no reason to give Abuja voters special consideration, the voters in Abuja are not different from voters in other states. And don't forget, it is not only Abuja indigenes that can vote in Abuja, Anyone living in Abuja can vote in Abuja as it is in other states.

Abuja by itself is not state, it is a territory carved out for the federal government. But then the people living there are Nigerians and they are entitled to vote like people in other states.

Now Section 299 of the Constitution of the Federal Republic of Nigeria states clearly "The provisions of this Constitution shall apply to the Federal Capital Territory, Abuja as if it were one of the States of the Federation" Abuja is not a State, but the constitution wants it treated as if it were a state. This is why Abuja is being treated as the 37th state.

It is just per chance that 2/3 of 36 gives us a round figure of 24 but the constitution makes provision for creation of more states.... What happens when we now have say 38 or 39 states? We will still have fractions when we try to find the 2/3. But that shouldn't be a problem.

Supreme Court in their apology agree with Late Justice Kayode Eso, the only dissenting judge of the 1979 Supreme court case against against Sagari; that we can not have fraction of a state, so whatever excess on the whole calculation should be taken as complete state. What that means is that even if the calculation of 2/3 comes to say 24.05, the .05 must be taken as whole, which is 25 because we do not have fraction of a state.

There is no ambiguity here, except you jut want to refuse to see things as it is.



You just don't wanna accept the fact. Even if the Supreme Court rule disagrees with you, you will still not accept. Things are not base on what you want or think it should be...

Think about this: imagine we have 2 candidates and one wins 36 states and a candidate from Abuja wins Abuja by over 90%, so we will continue to have inconclusive and rerun election even if election was done 1000 times only because of Abuja. Can that be the real understanding of that part of the constitution?
I wholeheartedly disagree with you here. If a candidate wins 24.05 states out of 37, common sense should tell you he already met the 24 states requirement and so no need to approximate it to 25
Re: Prof Osunbor: No Place In Constitution That Says You Must Score 25% In FCT by ObaIgwe1: 5:01pm On Apr 15, 2023
limcar:
I wholeheartedly disagree with you here. If a candidate wins 24.05 states out of 37, common sense should tell you he already met the 24 states requirement and so no need to approximate it to 25

lol, in Mathematics you are right. 24.05 is closer to 24 than 25.

But in law, it's different. If the law says minimum is 24.05, you cannot approximate backward. 24 will not be up to the minimum, and since fraction of a state is not acceptable, only 25 will meet the requirement of the law.
Re: Prof Osunbor: No Place In Constitution That Says You Must Score 25% In FCT by PoliteActivist: 5:05pm On Apr 15, 2023
ObaIgwe1:


lol, in Mathematics you are right. 24.05 is closer to 24 than 25.

But in law, it's different. If the law says minimum is 24.05, you cannot approximate backward. 24 will not be up to the minimum, and since fraction of a state is not acceptable, only 25 will meet the requirement of the law.

limcar:
the Constitution is clear. We don't need mathematical calculation to solve the answer. 25% in Two third means twenty three states plus Abuja or twenty four states excluding Abuja. Simple as ABC

ObaIgwe1:


Supreme Court in their apology agree with Late Justice Kayode Eso, the only dissenting judge of the 1979 Supreme court case against against Sagari; that we can not have fraction of a state, so whatever excess on the whole calculation should be taken as complete state. What that means is that even if the calculation of 2/3 comes to say 24.05, the .05 must be taken as whole, which is 25 because we do not have fraction of a state.

StOla:

To a presidential election, the winning candidate must have,

1. Majority votes among all the contestants.
2. 25% or more votes in 2/3 of 36 States and FCT (Nigeria), which is 25 component units which can be 25 States or 24 States and FCT.

Tinubu already met rule 1 and surpassed rule 2 by securing the 25% or more in 30 States.

favor914:
Don’t mind that politeactivist, playing smart, but not been clever.

You are all arguing the same point but comming up with different numbers!!!
So, have a meeting amongst yourselves and decide which number you will jointly adopt!

Instead of being honest and admitting that the wording in the constitution needs to be changed to avoid this happening again in the future, you are insisting that "⅔ of 36 states and FCT" means something other than what it simply and clearly says.

To any HONEST person "⅔ of 36 states and FCT" is more likely to mean "⅔ of 36 states; and FCT" and NOT "⅔ of 37 states" OR "⅔ of 36 states, but FCT can substitute for a state".

As for the guy arguing common sense, this is not about common sense or what is reasonable. It is about what is ACTUALLY written in the constitution!
Re: Prof Osunbor: No Place In Constitution That Says You Must Score 25% In FCT by omooba74(m): 5:28pm On Apr 15, 2023
They have been blinded,they can't see, deafened they can't hear,they aren't called headless mob for a reason,they should be left wallowing in their abject ignorances....... senseless set of ignoramuses........
Re: Prof Osunbor: No Place In Constitution That Says You Must Score 25% In FCT by losky83: 5:44pm On Apr 15, 2023
ganisucks:


https://independent.ng/presidential-election-25-votes-in-fct-not-mandatory-senator-osunbor/
I WILL NOT AGUE WITH THIS BUT HOW ABOUT THE INVOLVEMENT OF OUR PRESIDENT TO BE IN HARD CORE DRUG BUSINESS?
460K DOLLARS=322 million naira as at then.
It was a very big deal and only big boys in drug business did such huge deals.and this must have been his own cut,so imagine the actual amount in the deal.
Osibanjo would have been a better option for them but because of greed,they brought Pablo Escobar
Re: Prof Osunbor: No Place In Constitution That Says You Must Score 25% In FCT by seunjungle1(m): 7:01pm On Apr 15, 2023
The conjunction "and" interpretation is their problem.
Go to school, they will not go. Those that eventually went to school, other bad activities were what they studied....no wonder their candidate spent 12 years to study philosophy that my friends studied within the space of four years with a good grade in our schl days.

Ask their candidate to list branches of philosophy....I can bet it, obi no go know ahm.
Re: Prof Osunbor: No Place In Constitution That Says You Must Score 25% In FCT by Holluwhakemmy(f): 10:44pm On Apr 15, 2023
limcar:
liar. people like you are not to be trusted around tinubu. You will betray him when the chips are down and port to the next available politician that offers you bread. Hungry fool!
I'm not a hungry person that beg for food like you. Hope you have taken your medication?
Re: Prof Osunbor: No Place In Constitution That Says You Must Score 25% In FCT by Poleski: 10:45pm On Apr 15, 2023
Is that a real professor? When someone says, "I need five boys and a girl", is the importance of the girl in the list irrelevant or is the list complete without the girl?
Section 134(2) of the constitution states that a candidate must (a) have the highest number of votes cast at the election; and (b) have not less than 25% of total votes cast in at least two-third of all the States in the Federation and the FCT, Abuja.
It's very clear
Re: Prof Osunbor: No Place In Constitution That Says You Must Score 25% In FCT by Holluwhakemmy(f): 10:47pm On Apr 15, 2023
Onitemhi:
he choke me
lol he asked for it
Re: Prof Osunbor: No Place In Constitution That Says You Must Score 25% In FCT by drmuri(m): 9:07am On Apr 16, 2023
ganisucks:
All the election riggers have united in support of Baba blue, the father of election rigging.

This guy's interpretation is really funny.

Make APC dey play. Let them not go and start preparing for rerun, like their internal memos have suggested. Let them continue petting Baba blue.
When Tribunal sacks them, them go dey alright.
Professor of law dey talk
Fake spare parts seller dey counter am.
Life no balance
Re: Prof Osunbor: No Place In Constitution That Says You Must Score 25% In FCT by drmuri(m): 9:21am On Apr 16, 2023
Afamsi:
Illiterate prof kindly tell us why federal capital was mentioned in that rule since it is included in the 2/3 of the states of the federation. Why was your state not mentioned. Does this dullard know the purpose of ' AND ' in a sentence? I feel that he bought that professorial degree. This man ought to be a primary school teacher.
A man probably old enough to be your father
A profesor of law
Is now a dullard because he does not agree with your faulty interpretation of the law.
This is beyond sad
Re: Prof Osunbor: No Place In Constitution That Says You Must Score 25% In FCT by UltraSphinx(m): 11:29am On Apr 16, 2023
9jahotblog:



[ARCHIVES] Supreme Court upheld candidates must win 25% votes in 24 states, plus 25% in FCT in Buhari v Obasanjo [2005]



The clarity came from a Supreme Court ruling in a case involving Muhammadu Buhari of the then All Nigeria Peoples Party (ANPP) and Olusegun Obasanjo of the then Peoples Democratic Party (PDP) on Friday, July 15, 2005.



In its ruling, the apex court had upheld that presidential candidates must win 25 per cent of all votes cast in 24 states, and the Federal Capital Territory, Abuja.



READ: https://news.band/archives-supreme-court-upheld-candidates-must-win-25-votes-in-24-states-plus-25-in-fct-in-buhari-v-obasanjo-2005/

The second comma in your last paragraph is indeed mischievous and totally alters the context of the sentence
Re: Prof Osunbor: No Place In Constitution That Says You Must Score 25% In FCT by Great0ne1: 2:13pm On Apr 16, 2023
Holluwhakemmy:
I don't have a brainless father like you.
But you are a manifestation of a brainless father
Re: Prof Osunbor: No Place In Constitution That Says You Must Score 25% In FCT by Holluwhakemmy(f): 4:20pm On Apr 16, 2023
Great0ne1:

But you are a manifestation of a brainless father
Not me but your wife or wife to be
Re: Prof Osunbor: No Place In Constitution That Says You Must Score 25% In FCT by Great0ne1: 6:35am On Apr 17, 2023
Holluwhakemmy:
Not me but your wife or wife to be
I can't have a dolt like you, as a wife

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