Argument Against The Decision By The Seven Justices Of The Supreme Court On FCT Votes

Atiku Abubakar of PDP, President Bola Tinubu of APC and Peter Obi of Labour Party.

By Prince Pieray Awele Odor

The seven justices of the Supreme Court of the Federal Republic of Nigeria committed very serious crime against logic and national interest by their decision on 25 percent vote for the FCT as required in Section 134(2)(b) of the constitution when they delivered judgment on this matter on Thursday, 26 October, 2023, as it concerns the 2023 presidential election.

I concern myself in this piece with this and with the assertion that was made by Mr. Rufai Oseni yesterday in the morning of 27 October 2023, during “What is Trending” in “The Morning Show”, (Arise TV).

I begin by asserting categorically that the Nigerian, fully Nigerian, whose identity is known, parents are known, and track record is known; whom no form or degree of fraud, criminality, deceits, lies, theft, forgery, autocracy or totalitarianism has ever been associated with; and who has never been suspected or accused of involvement in illegal drug business, Miss. Chimamanda Adichie, did not express an opinion when she identified Mr. Peter Obi as she did in the USA, contrary to the assertion that was made by Mr Rufai Oseni.

I observe that it is very strange to my experience that all the seven justices who reconsidered the cases that were brought before them by three parties held the same decisions concerning all the suits. This is strange because they argued on different issues and argued differently when they argued on the same issue. The conflict between reason and the emotion of personal interest which engenders perspectivism does not mage agreement possible. That not even one person held a different view on even one aspect of the cases is very strange and abnormal.

I limit myself here to the requirement of 25 percent of votes cast in the FCT.

In this regards, it is noted that the Preamble of our constitution states: “WE the people of the Federal Republic of Nigeria, Having firmly and solemnly resolved, DO HEREBY make, enact, and give ourselves the following Constitution”.

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I note that this preamble, a firm, solemn resolved and categorical declaration did not assert that the Supreme Court of the Federal Republic of Nigeria gives to “We the people the following constitution”. This means, so very clearly that “we the people”, not less than 200 million Nigerians, have both statutory and constitutional rights transcending the statutory rights of the Supreme Court and the constitutional rights of mere seven men of the Court as justices.

It is noted that the justices are obligated to all Nigerians and not only to the parties because the cases were primarily about the outcome of the votes that the cast. The judges also had obligation to national interest as the supreme interest and the corroboration of justice. In this regards, it is noted that whenever there is any conflict between the statutory obligation of the Supreme Court and, or, the constitutional rights of the judges of the Supreme Court, the interests of Nigerians, or national interest, must override the interests of the judges.

Considered from another perspective, the judges of the Supreme Court are servants of the people and not lords or Overlords in relation to the people. Therefore, any decision made by the judges of the Supreme Court which violates the demands of “We the people … Give ourselves this Constitution”, violates any section of the constitution, or is fallacious, renders is not only unjust, it renders it illegal, null, void, and obnoxious. It legitimises its rejection.

In order to make this argument clearer and intelligible, it is noted that the sovereignty of Nigerians and national interests are supreme; that is, transcend the “Supreme” which the court of final recourse for justice is robbed with in status and degree. With respect to the interests of seven judges and the parties to the cases, national interest is supreme over the interests of the seven judges, politicians, the APC, PDP, LP and the presidential contestants.

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The votes of voters is supreme over the decision of seven judges of the terrible misnomer, aberration and strategically established element of the legal system called “Supreme Court”.

Miss. Chimamanda Adichie, whom the US FBI and CIA do NOT have any file for and it would be a very great honour to the Chicago State University should she accept to speak there, did not express an opinion because the man declared winner of the presidential election did NOT obtain a mere 25 percent of the votes that were cast in the FCT.

In order to defend this, note that “As if” is NOT “IS” and “Were” is NOT “IS” (Sec. 299, intro) contrary to the decision by the seven judges that the FCT is a state. It cannot even be assumed that it is a state because many other sections of the extant constitution make it distinctive or special. Here, I consider few of these sections.

Section 3 says “There shall be 36 states of the federation” and not “37 states of the federation”. Section 3 provides the names of the states and the FCT is not one of them. If the FCT were a state, it would have been named. It is noted that the response generally and consistently, when one is asked the number of states in Nigeria is ’36 states” and not 37 states. If the FCT were a state the response would have been “37 states”.

It should be noted also that 2/3 of 36 is 24. Therefore the 25 percent of votes that is required in the extant constitution to be obtained in at least 2/3 of the states refers to the 36 states provided in Sec. 3. It follows, logically that, “AND the FCT” (Sec.134(2)(b), emphasis by me, demands that whoever is declared the winner of the election “Shall” (must) also obtain at least 25 percent of the votes cast in the FCT. To corroborate this, it is noted that 2/3 of 37 is 24.66666…. and NOT 24.

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The FCT deserves the distinctiveness or specialness because it is the Seat of the president. Also because it is a symbol of our sovereignty, independence, freedom, unity, and development. Thirdly, because it is a symbolic expression of our political and even national historicity

Still on Sec. 3, the FCT does NOT have a capital while all the states named in Sec. 3 have capitals. Moreover, Sec. 48, of the extant constitution provides that “The Senate shall consist of THREE senators from each state and ONE (only one) from the FCT, emphases my me. Therefore, the FCT is NOT a state. These facts suffice for this medium.

Concerning the argument that the people in the FCT are given status, dignity or honour greater than the people in other states, it is noted this argument is categorically wrong. This is because the people of the FCT have the same right of sovereignty and freedom as persons and concerning voting — one vote for each of them — as do the people is all the states.

What prevailed concerning the presidential election is that only Mr. Peter Obi obtained the constitutional number of votes which “Shall” (must) be obtained for any contestant to be declared winner. Therefore Miss. Chimamanda Adichie did NOT express an opinion. She expressed FACT. You, Mr. Rufai Oseni, expressed an opinion and your opinion amounts to the Devil’s advocacy and Satanic Verse.

Why have you become a defender of criminality, fraud, injustice, absurdity and obnoxious violation of national interest?

Prince Pieray Awele Odor
Independent Researcher and Public Good Promoter
Akoka
PrincePeterAweleOdor@gmail.com


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