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IS THE MARGIN OF LEAD PRINCIPLE A LAWFUL MEANS OF DETERMINING WHO WON A SENATORIAL ELECTION IN NIGERIA?

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BY ADEMOLA FEBIAN ADEBOWALE ESQ., PURPOSE This article aims to explore ways by which a winner of a senatorial election in Nigeria is determined vis-à-vis Constitution of the Federal Republic of Nigeria 1999 (as amended), Electoral Act 2022 and INEC’s Regulations and Guidelines for the conduct of Elections 2022. KEYWORDS Electoral Act, Margin of lead principle, Election, Constitution, INEC’s Regulations and Guidelines for the conduct of Elections. INTRODUCTION Amidst the vibrant tapestry of democracy, one timeless element reigns supreme: the sacrosanct ritual of elections. Nowhere is this revered practice more evident than in the Federal Republic of Nigeria, where it finds its rightful place in the very heart of the Constitution. Truly, the Constitution stands as “the fons et origo,” an unwavering beacon of governance and the “grundnorm”—the bedrock upon which the entire legal framework takes form, meaning and origin from. In this great nation, the Constitution's hallowe

WE ARE ONE

If u ask an average Nigerian where he or she is from, they’ll tell you that they are Yoruba or hausa whereas many Igbos will tell that they are Biafrans. Actually, the answer a Nigerian gives depends on the place or situation he finds himself. For example ; a Nigerian will regard himself as a ‘human being’ if he finds himself in a situation where humans are at war with maybe aliens or robots (from science fiction movies) . In another form, a Nigerian will perceive himself as an ‘African’ in a situation where the different continents are in dispute or are competing for something, like the Confederation Cup. At a different level, a Nigerian can call himself a ‘Nigerian’ where they are sharing money or other privileges to Nigerians and he’ll want to be a beneficiary. Most Nigerians are not proud to be Nigerians except when Nigeria is globally praised for achieving a great feat. Then when u come to Nigeria, many of us don’t see ourselves as one Nigeria but rather we see ourselves as belonging to a tribe such as ; ikwerre, ogoni, Niger delta, orashi, and so on…As a matter of fact, when a Nigerian asks another “what’s your name ? “, he immediately tries to know which tribe the person belongs to and I wonder why ? Having noticed this, I started wondering why we are like this. I guess it’s because of our political system or it’s because of the events that have taken place in the past where people in Nigeria select their “brother” and put him into certain positions even when the whole world knows that he’s not competent. Some of us say it’s like this because of the colonialists ; arguing strongly that the British made the Fulanis to rule the country because they were submissive while others were rebellious. The status quo has been maintained though, as most people that have ruled the country are the Fulanis. This division has spread all over Nigeria to the extent that tribalism is found in our schools, our churches, the work place. Even when you go to a restaurant to get something to eat, you might be given extra food if your able to speak the dialect(local language) of the person in charge of the food. AN IGBO MAN. A HAUSA COUPLE. A YORUBA MAN. I would have had this same mentality but I don’t, perhaps because I reason and I ask myself certain questions EVERYTIME. Questions like ; “why are things the way they are ? “ i.e. I try to find the source of something because there is always a reason. After knowing the reason, the next thing to ask yourself is “is this helpful ? and what is the likely implication ? “ I believe in the ‘law of causality’ which states that there is a reason why a thing is as it is and not otherwise. We should all be able to think critically about things and if a thing doesn’t make sense, discard it. Don’t accept it because your ancestors did it. Some of us do not think in Nigeria because we believe that knowledge and wisdom belongs to the old. Growing up, I heard this statement so many times that it has now become a cliché – we say in Nigeria that “what an old person sees sitting down, a young person cannot even if he/she climbs the tallest tree”, thereby putting a limitation on how a young person can think or reason. Everyone has the ability to think no matter how old you are. If knowledge and insight comes as a result of old age, someone like Mark Zuckerberg would never had been successful at a young age. Why didn’t an old person come up with the idea of facebook since they are the only ones who can think. When we realize this, younger people will someday rule this country. Know this please: the essence of this article is not to insult my country or it’s values. No ! That would be unwise of me. I want any Nigerian reading this to fist accept it that he/she is a Nigerian and be proud of it. There is a reason why we are born into a particular country, we didn’t choose it. If we were given the choice maybe we would have chosen somewhere else. Now that we are Nigerians we can do things that will elevate the status of this country on various aspects. We have talents so let’s improve them. We have voices so let’s all speak till we make a statement. We have hands and legs so let’s walk into that position and make it happen. We definitely cannot do this alone that’s why we have one another. Whether you are from the Northern, Eastern, Southern or Western part of Nigeria, no matter your tribe, we are one. Throw away tribal sentiments because it only creates division and it doesn’t help. I am from Opobo/Nkoro and in my place, people poison one another so that they can be given traditional titles. This happens in your communities too. Why then do they do this even when we’re from the same tribe ? I thought that being from the same tribe means that we’ll never hurt or envy or kill ourselves but we still do. Tribalism is just a tool used to divide ourselves because if you have a real friend, he can put himself in danger for you even when he’s not from your tribe. Why would we want to reduce the brothers we have ? Nigeria is such a large nation and I have the opportunity of meeting different people with different accent and views. I may not be Igbo or ikwerre or even ogoni but one thing I know is this, you are my brother and sister because we are Nigerians.

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