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More SANS queue behind Agbakobo, say Tinubu not scoring 25 per cent in Abuja, fatal
More prominent lawyers are lining up on the side of the argument championed by former President of the Nigerian Bar Association( NBA), Olisa Agbakoba (SAN) that a presidential candidate must obtain 25 percent in the Federal Capital Territory(FCT), as a requirement to be declared winner of an election at that category.
The contentious issue which is one of the legs of the suit filed by Peter Obi, the presidential candidate of the Labour Party (LP) in his challenge of the declaration of Bola Ahmed Tinubu as the winner of the February 25 presidential election, is provided in section 134 (1) (b) and (2) of the 1999 constitution.
Agbakoba, had on Wednesday, said his understanding of the provision was that a candidate must not only score 25 per cent in the 25 states in Nigeria, but in Abuja, however said that he was not speaking for the Presidential Election Petition Tribunal (PEPT), where the matter had since gone.
He said: “134 (2); It applies literally, because the rule of interpretation says if you read something and it’s so clear to you, then you don’t need to interpret it. The thing says you must win a quarter of the votes in ⅔ of 36 states AND the…and then what do you want to say? The answer is obvious.
“… I have broken it down. You want to put words in my mouth, which I won’t accept. It’s so simple, you get a quarter of the votes in of 24 states. That’s what the law says, which is 24. So that’s one part of it.
It goes on to say, ‘AND’. What does that mean? ‘AND the FCT’. So as far as I am concerned, you must also win 25% in the FCT. But that’s not for me to say because I would be pre-judging what’s before the tribunal. So we think the tribunal can answer this question quite easily in one hour. That’s my point. Quite easily, it’s not a difficult question to resolve,” he said.
Aligning himself with Agbakoba, who had actually written to INEC before the elections to clarify its position on the true interpretation of the section, Amobi Nzelu, who described the issue as a “time bomb,” said: “One major concern which is a time bomb is section 134 of the 1999 Constitution, which prescribed the requirements to be met by a presidential candidate to become the president of Nigeria. You can see that this section of the law is explicit enough as to whether the two-thirds votes a candidate must secure as mentioned in the law, would include or exclude the Federal Capital Territory (FCT), Abuja.
“For instance, to be declared winner of the presidential election, a candidate must win a quarter of votes in 24 states – which makes up the two-thirds– as well as the FCT, or without the FCT. Does this mean that the Federal Capital Territory, Abuja is incorporated in the 24 states? Or…does it mean that the presidential candidate must also score not less than one-quarter of the votes cast at the election at the Federal Capital Territory, Abuja?
“Can a candidate that scored not less than one-quarter of the votes cast at the election in 36 states of the federation but fails to score one-quarter of the votes cast at the election at the Federal Capital Territory be duly elected as president of Nigeria? This is a serious matter and it is a time bomb because somebody can win in other states, but may not win in the FCT. I think the issue needs to be cleared by INEC.
Mike Ozekhome, a Professor of Law, in his own intervention, said: said: “ There is no doubt that the provisions of section 134(2)(b) of the Constitution is rooted in mathematics. It requires that a winning presidential candidate shall have “not less than one-quarter of the votes at the election in each of at least two-third of all the states in the Federation AND the Federal Capital Territory Abuja”. (Emphasis supplied).
“As lawyers, we should not shy away from embarking on this mathematical pathway to resolve the steaming controversy. Yes, mathematics is part of lawyers’ job in resolving disputes; and Nigerian courts are not strangers to mathematical judgments. After all, the 1979 presidential election involving Shagari and Awolowo was wholly litigated, won and lost on the basis of the Supreme Court’s mathematical interpretation of what amounted then to 2/3 of the then 19 states of the federation.
“The Supreme Court, in delivering judgment in favour of Shagari, ruled that the requirement of votes to win the presidential election was 25% in 12 states, and no more. It cautiously avoided the attendant fractionalisation of Kano State, so as to avoid absurdity in interpretation. It is my considered opinion that the scope of consideration of the FCT, Abuja, as a state, only applies to the enjoyment and vesting of executive, legislative and judicial powers by relevant bodies in the FCT. It does not apply to all matters, extents, and for all purposes.
“Further, an interpretation that Section 299 of the Constitution applies for all purposes is too narrow. It is not holistic or inclusive. It will render many other parts of the Constitution redundant, futile, unproductive, meaningless and therefore, unnecessary. Certainly, such could not have been the intention of the legislature or law makers.
“Section 134(2) of the Constitution must therefore be interpreted to mean that for a candidate to win the Presidential election, such a candidate must obtain 25% of the votes cast in two-thirds of all the States in the Federation (24 states); AND further, in the FCT, Abuja. This is a compulsory requirement for a valid return as president. It seems to me that INEC was not properly legally guided when it declared a president-elect.”
“Nothing must happen to Peter Obi. An injury to one is an injury to all. When one opposition leader is intimidated, every opposition voice is diminished,” came the immediate reaction of Atiku Abubakar candidate of the African Democratic Congress (ADC), in the 2027 presidential election on Thursday.
It was a day Atiku, who came second in the 2023 election and Obi, third, in the declaration made by the Independent National Electoral Commission (INEC), also asked for the release of Nasir el-Rufai, former governor of Kaduna, warning that democracy is threatened when opposition figures are intimidated.
Obi, Governor of Anambra State between 2006 to 2014, had accused the federal government of deliberately frustrating his means of livelihood and targeting opposition figures, while appearing on #WithChude podcast, a programme hosted by Chude Jidonwo, a popular Nigerian social media host.
On the same Tuesday, Obi’s outing broke on social media, where he claimed that the way the Tinubu government was pursuing him, he was not sure of making it to the 2027 election alive, the family of the former Kaduna State Governor, also came publicly to describe stark details of what the family head, currently in detention since February this year, has been facing.
Conveying his distaste on the two situations through, Phrank Shaibu, his spokesman, Atiku, Nigeria’s Vice President between 1999 and 2007, added: “When one citizen begins to fear because of his political beliefs, democracy itself becomes the casualty.”
In a quick riposte to the scant regard, Aso Rock seemed to have placed on Obi’s fears, the former VP, said: “The Presidency must understand that democratic leadership demands composure, not contempt. When a citizen, particularly an opposition figure, voices concerns about the state of the nation or his personal safety, the first duty of government is to reassure through statesmanship, facts and responsible conduct—not through insults.
“Democracies are strengthened by reasoned engagement, not by invective. A government that answers every criticism with abuse projects insecurity, not confidence. The opposition is not the enemy of Nigeria.
“Poverty is the enemy. Hunger is the enemy. Insecurity is the enemy. Corruption is the enemy. Kidnapping is the enemy. The daily bloodletting across our communities is the enemy. A government that devotes more energy to attacking its critics than confronting these existential challenges has confused political survival with the purpose of governance. There are schoolchildren and teachers still waiting to be reunited with their families. There are countless innocent Nigerians languishing in the camps of kidnappers,” he said.
“These are the emergencies that deserve the full machinery of government—not endless political sparring with opposition figures. The Federal Government must devote the same urgency it applies to political communication to rescuing kidnapped Nigerians and restoring public confidence in national security.”
Regarding the plight of el-Rufai, Atiku stated: “The continued detention of Mallam Nasir El-Rufai has generated widespread public concern. Every Nigerian, irrespective of political affiliation, is entitled to due process, equal protection under the law and the presumption of innocence until proven guilty by a competent court. Justice must never create the appearance of selective application.
“Public confidence is not restored through insults or propaganda. It is restored through openness, accountability and the courage to answer legitimate questions,” he said.
“Governments earn trust by confronting controversy with facts, strengthening institutions and demonstrating that no one is above scrutiny. Our elders say: ‘When the drums of injustice beat for your neighbour, do not dance, for tomorrow they may beat for you. Every Nigerian, regardless of political affiliation, has a stake in defending the democratic space. Release Mallam Nasir El-Rufai.
“Bring home every abducted schoolchild, every teacher and every innocent Nigerian still languishing in the hands of kidnappers.
“Stop chasing political opponents and start confronting the crises that are bleeding our nation. History will not remember how fiercely a government fought its critics.
“It will remember whether it protected its citizens, upheld justice, rescued the vulnerable and preserved the democracy entrusted to its care.”
“They apologised to me privately. I said they should put it on social media. They said they will not put it on social media, it will affect their credibility, because it’s not just them, but their other programmers at the Al Jazeera network too.”
These were the words of Daniel Bwala, while giving further insight into what has transpired along the line since his controversial interview with Mehdi Hasan of Al Jazeera, a global television network in March 2026, stating that the station privately apologised to him.
Bwala, who appeared on The Morayo Show, a private talk-show programme, hosted by Morayo Afolabi-Brown, a popular television presenter, however said because both Mehdi and Al Jazeera, refused to make the apology public, he was prompted him to instruct his lawyers in England to sue for defamation.
Clips on the controversial outing in which Bwala, spokesman for the campaign of Atiku Abubakar during his presidential bid in 2023, were in the public domain for several weeks after where a groundswell of commentators believed his performance was not only underwhelming, but he was outrightly disgraced.
He added: “The substance of the apology was that they should have told me that part of what they discussed with me was a talking point, that they were also going to interrogate me on my credibility for supporting the person I had attacked before.
“By their own ethics, they ought to have told me that, but they said they were sorry they didn’t. If you’re bold, if you call yourself a journalist, a fact-checker, you run your programme live and let people judge live.
“If you’re thinking straight, that’s what you’d do. You took creative control of the programme. You made a recorded programme. Ethics demanded you publish it exactly as it was recorded.”
Informing that the programme ran for one hour and 30 minutes but Al Jazeera published only 49 minutes, he accused the network of skewing the footage in Hasan’s favour, adding: “The deeper point is that they cut out the parts where I was fact-checking him and the crowd was clapping for me, and instead kept the parts where he was speaking and people were clapping for him. He’d ask me a question, I’d deny it, then he’d play the old clip. We call that ‘cut and joined’ in media. After doing that, which amounts to a smear campaign, he didn’t give me the chance to react to it.
“Instead, he let it appear that I was simply asked a question, denied it, was shown the clip, denied it again, was shown another clip, and denied it again. He removed that part, because if he’d left it in, anyone watching would understand that I had already answered the question upfront, and that my later denials were a response to his repeated bringing it up. That’s where the unethical conduct of a professional issue arose.
“When they apologised, I said no, put it on social media. They refused. So, I instructed my lawyers in England to go to court. The case is currently in court. Because my advisers in England said it’s defamation of character.”
More successes are being recorded by Nigerian forces trying to rout out terrorist in parts of the country, with emerging reports indicating that the perpetrators are currently running scared from the hot onslaughts they are getting from the operatives.
Channels Television, is quoting military authorities at the Operation Hadin kai (OPHK) conducting military blitzkrieg against the terrorists in the North East as saying that the troops received six Islamic State of West African Province (ISWAP), one of the major terrorist groups operating in the area, who surrendered alongside their families, at the 192 Battalion (Main) Sector 1 of the body.
Quoting a statement on Wednesday by Mohammed Goni, spokesman of the military operation, with headquarters in Maiduguri, Borno State, the report, said that among the items recovered from the terrorists and their families included a cumulative sum of more than N1.5 million, two Tecno mobile phones, and other items.
Th statement, added that troops of 115 Task Force Battalion, while conducting ongoing search and rescue operations in Askira/Uba Local Government Area of Borno State, on July 7, rescued two additional abductees from a terrorist hideout, where they also recovered cash of N1.2 million suspected to be proceeds of criminal activities, food items, and other logistics believed to have supported terrorist operations.
The rescued victims have since been evacuated to a secure location where they are receiving appropriate medical care and psychosocial support, the report said, adding that during the same period, the troops noted that it contained a coordinated attack by ISWAP terrorists in Borno, and one of the soldiers was killed.
“Although the insurgents briefly exploited a section of the base’s defensive perimeter during the intense firefight, the troops rapidly regrouped, mounted a determined counter-offensive and decisively expelled the attackers, inflicting significant casualties and forcing the surviving terrorists to flee with varying degrees of gunshot wounds.
“Regrettably, one gallant soldier paid the supreme price, while two gun-trucks and some combat enablers sustained damage during the engagement. The situation at FOB Logomani remains firmly under the control of Operation HADIN KAI troops, with reinforcements deployed, exploitation operations ongoing and additional measures being implemented to further strengthen the defensive resilience of the location.”
Detailing how troops of 232 Battalion apprehended a notorious criminal in Gombi Local Government Area of Adamawa State, the statement, said: “Follow-up exploitation of the arrest led to the recovery of one AK-47 rifle, two magazines, and twenty-eight rounds of 7.62mm special ammunition.
“The suspect and recovered items are currently in military custody, while further investigations are underway to identify and apprehend other members of the criminal network.”
Similarly, the statement said troops of the 149 Battalion arrested two suspected terrorist logistics suppliers in the Mobbar Local Government Area of Borno State.
The recovered items include cash sums, a Volkswagen Golf vehicle, construction materials, household items, and other supplies suspected to have been destined for terrorist elements.
The suspects are currently undergoing interrogation, while the recovered items remain in military custody as investigations continue.
As part of ongoing offensive operations, troops of 24 Task Force Brigade, in conjunction with members of the Civilian Joint Task Force, conducted a clearance operation on known terrorist enclaves around Wulgo.
During the operation, the troops said they exploited the terrorists’ hasty withdrawal and recovered a sack containing assorted illicit drugs abandoned by the fleeing insurgents.
“The recovery further underscores the sustained pressure being mounted on terrorist elements, denying them freedom of movement and disrupting their operational capabilities.”
Relatedly, the troops apprehended a suspected BHT/ISWAP logistics supplier at the Molai checkpoint in possession of large quantities of medical supplies without due clearance. The suspect and items recovered are in custody for further interrogation.
Again, in Sector 2 Area of Responsibility, Troops of 233 Tank Battalion, in conjunction with local hunters, intercepted and arrested a suspected BHT/ISWAP terrorist logistics supplier from Ngirya village of Tarmuwa LGA with five motorcycle tires. The suspect and items are in military custody for investigation.
“These latest operational gains underscore the effectiveness of sustained offensive operations, actionable intelligence and the seamless collaboration among security agencies and auxiliary forces in dismantling terrorist logistics networks, disrupting criminal activities and protecting vulnerable communities across the North East”, the statement added.
Headquarters Operation HADIN KAI assured the public that ongoing search and rescue operations will continue with unwavering resolve until every abducted person is accounted for and safely reunited with their families.
“The Theatre Command also issues a stern warning to individuals involved in supplying food, fuel, construction materials, transportation or any other form of logistics to terrorist groups to immediately desist. Anyone found aiding, abetting or collaborating with terrorist elements, directly or indirectly, will be identified, apprehended and prosecuted in accordance with the law.”
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