By Ike Ezechukwu
S.299(a) of Nigeria constitution is only stating that FCT, Abuja will be governed by the President as executive, and National Assembly as Legislature, and High Court and other Courts therein as judiciary; like states of Nigeria have Governors as executives, state Assemblies as legislatures and state High courts and others therein as judiciaries.
It did not in any way state that FCT, Abuja is a state.
Furthermore, this pertains only to the governance of FCT, Abuja. It does not have anything to do with s.134(2)(b) of Nigeria constitution 1999 that specifically and separately has to do with 25% of votes cast in Presidential election in FCT, Abuja, which Tinubu never had.
S.299 (b) of the Constitution states, the powers of the executive President, Legislative National Assembly, and judiciary in Abuja shall be in accordance with the provisions of the Constitution. Again, ‘powers’ here is with respect to governance of FCT, Abuja; it does not have anything to do with S.134(2)(b) of Nigeria constitution 1999 that specifically and separately has to do with 25% of votes cast in Presidential election in FCT, Abuja.
S.299(c) states, that, in applying the provisions to the matters aforesaid i.e. as concerning the powers of governance of FCT. Abuja; you should read with modifications and adaptations to bring them in conformity with the provisions of this section i.e. S.299.
This tells you that S.299 provisions only apply to provisions of our Constitution pertaining to the governance of FCT. Abuja; and it does not apply to S. 134(2)(b) of our Constitution that is about 25% votes cast in FCT, Abuja in Presidential election.
S.134 (2)(b) of our Constitution does not deal with governance of FCT, Abuja, but 25% of votes cast in FCT Abuja that a Presidential candidate must score to win.
The preamble to S.299 of our Constitution states, ‘the provisions of this constitution shall apply to FCT, Abuja, as if it were one of the states of the Federation; and accordingly.’
The ‘accordingly’ directs you to how the provisions of our Constitution will apply to FCT, Abuja, in S.299 (a)(b)(c) of our Constitution; which has to do with provisions on powers of governance; and does not have anything to do with S.134(2)(b) of our Constitution concerning the 25% of votes cast in FCT Abuja that a Presidential candidate must score to win, in election issue.
S.299(c) in the last paragraph says, ‘…..with provisions of this section.’ This tells you that provisions of S.299 applies to S.299 on how to apply provisions of our Constitution in governing FCT, Abuja. It does not have anything to do with s.134 (2)(b) concerning election of President that must have 25% votes cast in FCT, Abuja, which is election issue; not governance issue as in S.299.
This is why the intent of the makers of our Constitution is that the President who is as a ‘Governor’ in FCT, Abuja, must have 25% acceptance votes of the voters in Abuja.
FCT, Abuja is certainly not a state; as every state has its capital; but FCT, Abuja is the capital of Nigeria, and it does not have its own capital.
S.3 (1) of Nigeria constitution enumerated 36 states and excluded FCT, Abuja as a state; but recognized it as Capital of Nigeria in S.298. So, our constitution did not recognize Abuja as a state in Presidential election issues; but recognizes it as having the status of a state in governance issues.
By Ike Ezechukw ESQ.
