Showing posts with label Okar coup of April 22 1990. Show all posts
Showing posts with label Okar coup of April 22 1990. Show all posts

Tuesday, April 18, 2023

Abuja’s Special Constitutional Status And Why It Is Not A State

 By Sola Ebiseni

Contrary to wild assumptions for and against, Section 134 (1) (b) or 134 (2) (b) which deals with the requirements of 25 per cent of the votes cast at the Federal Capital Territory, FCT, as a prerequisite for declaring a candidate winner of the Presidential election in Nigeria, has never been directly and purposely interpreted by our courts. This is because no one has ever been declared President without having scored 25 per cent of the votes cast in the FCT to invoke the jurisdiction of the court to interpret the section accordingly.

It is a cardinal principle of our jurisprudence that courts do not indulge in speculative or academic matters. Its authoritative jurisdiction is invoke to interpret live issues. Thus, none of the cases so far cited from the varied opinions is precedent for our purpose. As stated by the Supreme Court in a plethora of cases “the decision of a court must always be considered in the light of its own peculiar facts or circumstances. No case is identical to another, though they may be similar.