PETER OBI’s PETITION AND 25% IN ABUJA
Ugo Egbujo
I agree with Obi
Abuja is mandatory because the president, who doubles as the governor of Abuja, must earn a particular approval of Abuja people to exercise democratic administrative control of that ‘State’.
Keyamo’s reading of section 134 is therefore wrong.
Here is Keyamo argument:
Keyamo insists that s134 doesn’t make 25% in Abuja mandatory
Keyamo argues that the constitution provides that all Nigerians are equal and therefore the constitution’s drafters could never have sought to bestow on Abuja residents a special status.
Keyamo concedes implicitly that section 134, read literally, can be ambiguous.
So he argues however that s134 should be read and interpreted holistically with other relevant provisions to reflect the letter and spirit of the constitution
Keyamo cites s299.
s 299 says that the provisions of the constitution shall apply to Abuja as if it were a state.
Consequently Keyamo argues that a literally reading of s134 which sums up to a mandatory 25% in Abuja would render the section a democratic absurdity
Because it would make Abuja resident lords over the rest of the country in that a candidate can win the entire country and not be president because Abuja people don’t like his face.
To cure the apparent absurdity Keyamo applies 299 to 134 and concludes that 134 means 25% in 24 states which can include Abuja.
I disagree with Keyamo
The literal interpretation of the conjunction in s134 leads to no democratic absurdity
First, all Nigerians are equal. That is why all Nigerians must have a democratic say in who governs their states, including Abuja
The constitution saddles the president with two main administrative jobs
1. Administer the FG
2 Administer the special territory of Abuja. The president delegates this power to the FCT minister who he hires and fires at will.
To perform role number 2 with any democratic legitimacy, Abuja residents must choose or recommend, who governs their territory beside their role in choosing a person for role number 1.
A mandatory 25% in Abuja confers on a president democratic legitimacy to run Abuja on day to day basis.
It couldn’t have been the intention of the drafters of the constitution to have all Nigerians choose governor for Abuja territory without an opportunity for the residents to reject the governor.
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