By a Concerned Nigerian
I have gone through the LP written address and I am very impressed.
1. The argument against Tinubu and Shettima qualification were top notched. They were able to proof that Shettima was double nominated.
According to the address, Tinubu nominated Shettima on July 14th, 2022 but Shettima signed the INEC withdrawal notice in the 15th. Also, I love how they argued that SC ruling on PDP’s case doesn’t apply to their case.
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2. I love how the LP team were able to use witness statements, international election monitoring reports, constitutional provisions and SC precedents to establish that INEC didn’t follow it’s published guidelines, thus in validating Tinubu’s victory.
They quoted Faleke vs INEC, where the SC ruled that INEC guidelines are not mere regulations or notices, but subsidiary legislation which have the FULL BACKING IF THE LAW.
That is to say, INEC guidelines are not just guidelines, but a LAW.
3. LP argument on 25% requirement for FCT was solid. They started by mentioning that APC hinged their defense on the section 299 which states that FCT should be treated as a state.
First, the LP quoted a SC judgment that rules that “And” is a conjunction and mandatory, effectively destroying APC/ Tinubu/Shettima argument.
Also, they picked out the operator “accordingly” used in that section 299 to establish that FCT is only regarded as a state for the purpose of enjoying the executive, legislative and judicial powers of the president, NASS and FHC, respectively.
What impressed me most in the argument is how they used the 1979 constitution to establish that 25% is mandatory.
According to them, the 1979 Constitution started that a candidate needs to score the highest valid votes and get 25% in 2/3 of the states to be declared winner. It didn’t mention any FCT, which was Lagos then.
But the constitution was amended in 1999 to include FCT. So by by adding that, the framers of the constitution made FCT mandatory, if not, they would have left it as it was in 1979.
4. I’m happy about the Forfeiture and the use of ‘or’… ANY COURT…
This makes the issue of jurisdiction of civil Forfeiture in the US and not Nig invalid. Again they pointed out that, it has no time line of 10yds to be invalid as adduced by Wole dem.
So that Forfeiture in Chicago is a strong argument to disqualify Tinubu according to the constitution
LP lawyers are smart.
5. I’ll update more as I continue to read the address.
