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    Sudan’s Power Struggle: Army and Rebels Signal Possibility of Talks

    Sudan’s Power Struggle: Army and Rebels Signal Possibility of Talks

    The Awakening: Africa’s Response to Neo-Colonialism

    The Awakening: Africa’s Response to Neo-Colonialism

    Afrobeat’s Rising Star MohBad: A Cry for Justice and a Legacy Lost

    Afrobeat’s Rising Star MohBad: A Cry for Justice and a Legacy Lost

    U.S. Human Rights Agenda in Africa: Seeking A Balanced Approach

    U.S. Human Rights Agenda in Africa: Seeking A Balanced Approach

    The West African Coup Crisis: Niger at the Heart of ECOWAS Divide

    The West African Coup Crisis: Niger at the Heart of ECOWAS Divide

    Africa’s Debt Conundrum: A Dive into History, Leadership, and Financial Dynamics

    Africa’s Debt Conundrum: A Dive into History, Leadership, and Financial Dynamics

    African Diplomacy and the Russia-Ukraine Conflict: Africa’s Mediation Quandary

    African Diplomacy and the Russia-Ukraine Conflict: Africa’s Mediation Quandary

    Africa 360 - Sierra Leone at a Crossroads: The High Stakes of the 2023 Elections

    Sierra Leone at a Crossroads: The High Stakes of the 2023 Elections

    The Ripple Effects of China's Investments in Zambia A Socioeconomic Analysis

    The Ripple Effects of China’s Investments in Zambia: A Socioeconomic Analysis

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      God loves Uganda

      God loves Uganda: LGBT Exception or Religious Bigotry?

      Africa Rising: African History and the Effects of Western Policies

      Africa Rising: African History and the Effects of Western Policies

      The Desert Train: A Journey Through The Sahara To The Atlantic Coast

      The Desert Train: A Journey Through The Sahara To The Atlantic Coast

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        The Awakening: Africa’s Response to Neo-Colonialism

        The Awakening: Africa’s Response to Neo-Colonialism

        Afrobeat’s Rising Star MohBad: A Cry for Justice and a Legacy Lost

        Afrobeat’s Rising Star MohBad: A Cry for Justice and a Legacy Lost

        Ama Ata Aidoo: Ghana’s Literary Giant and Feminist Pioneer

        Ama Ata Aidoo: Ghana’s Literary Giant and Feminist Pioneer

        The West African Coup Crisis: Niger at the Heart of ECOWAS Divide

        The West African Coup Crisis: Niger at the Heart of ECOWAS Divide

        The Ripple Effects of China's Investments in Zambia A Socioeconomic Analysis

        The Ripple Effects of China’s Investments in Zambia: A Socioeconomic Analysis

        BRICS-Africa Relations

        Deciphering the New Scramble for Africa: Unpacking the Intricacies of BRICS-Africa Relations

        Sudan’s Journey to Democratic Freedom 

        Sudan’s Journey to Democratic Freedom 

        The Quest for Political Equity in the Nigerian South East: Unpacking Marginalisation and Striving for Inclusive Governance

        The Quest for Political Equity in the Nigerian South East: Unpacking Marginalisation and Striving for Inclusive Governance

        Tilahun Gizaw and the Ethiopian Student Movement

        Tilahun Gizaw and the Ethiopian Student Movement

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        Africa’s Debt Conundrum: A Dive into History, Leadership, and Financial Dynamics

        Africa’s Debt Conundrum: A Dive into History, Leadership, and Financial Dynamics

        Nigeria’s Foreign Exchange Odyssey: The Quest for Stability

        Nigeria’s Foreign Exchange Odyssey: The Quest for Stability

        The Ripple Effects of China's Investments in Zambia A Socioeconomic Analysis

        The Ripple Effects of China’s Investments in Zambia: A Socioeconomic Analysis

        A Balancing Act: Navigating the Aftermath of Fuel Subsidy Removal in Nigeria

        A Balancing Act: Navigating the Aftermath of Fuel Subsidy Removal in Nigeria

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        Deciphering the New Scramble for Africa: Unpacking the Intricacies of BRICS-Africa Relations

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        African Fintech: Redefining Financial Standards

        African Fintech: Redefining Financial Standards

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        The Melancholic Symphony of Night Rain: Reflecting on JP Clark’s Portrait of Environmental Crisis in Africa

        The Melancholic Symphony of Night Rain: Reflecting on JP Clark’s Portrait of Environmental Crisis in Africa

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        The Afropolitans: The Rising Global African Diaspora

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          The Melancholic Symphony of Night Rain: Reflecting on JP Clark’s Portrait of Environmental Crisis in Africa

          The Melancholic Symphony of Night Rain: Reflecting on JP Clark’s Portrait of Environmental Crisis in Africa

          The Ripple Effects of China's Investments in Zambia A Socioeconomic Analysis

          The Ripple Effects of China’s Investments in Zambia: A Socioeconomic Analysis

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          A Balancing Act: Navigating the Aftermath of Fuel Subsidy Removal in Nigeria

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          Scandal in the US Senate: The Shocking Allegations Against Senator Robert Menendez

          Scandal in the US Senate: The Shocking Allegations Against Senator Robert Menendez

          Australian Delegation’s Plea: The Assange Affair and Its Impact on Australia-US Relations

          Australian Delegation’s Plea: The Assange Affair and Its Impact on Australia-US Relations

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          U.S. Human Rights Agenda in Africa: Seeking A Balanced Approach

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          Sudan’s Power Struggle: Army and Rebels Signal Possibility of Talks

          Sudan’s Power Struggle: Army and Rebels Signal Possibility of Talks

          The Awakening: Africa’s Response to Neo-Colonialism

          The Awakening: Africa’s Response to Neo-Colonialism

          Afrobeat’s Rising Star MohBad: A Cry for Justice and a Legacy Lost

          Afrobeat’s Rising Star MohBad: A Cry for Justice and a Legacy Lost

          U.S. Human Rights Agenda in Africa: Seeking A Balanced Approach

          U.S. Human Rights Agenda in Africa: Seeking A Balanced Approach

          The West African Coup Crisis: Niger at the Heart of ECOWAS Divide

          The West African Coup Crisis: Niger at the Heart of ECOWAS Divide

          Africa’s Debt Conundrum: A Dive into History, Leadership, and Financial Dynamics

          Africa’s Debt Conundrum: A Dive into History, Leadership, and Financial Dynamics

          African Diplomacy and the Russia-Ukraine Conflict: Africa’s Mediation Quandary

          African Diplomacy and the Russia-Ukraine Conflict: Africa’s Mediation Quandary

          Africa 360 - Sierra Leone at a Crossroads: The High Stakes of the 2023 Elections

          Sierra Leone at a Crossroads: The High Stakes of the 2023 Elections

          The Ripple Effects of China's Investments in Zambia A Socioeconomic Analysis

          The Ripple Effects of China’s Investments in Zambia: A Socioeconomic Analysis

          Trending Tags

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            God loves Uganda

            God loves Uganda: LGBT Exception or Religious Bigotry?

            Africa Rising: African History and the Effects of Western Policies

            Africa Rising: African History and the Effects of Western Policies

            The Desert Train: A Journey Through The Sahara To The Atlantic Coast

            The Desert Train: A Journey Through The Sahara To The Atlantic Coast

            Trending Tags

            • Features
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              • Arts & Culture
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              • Honour Roll
              • Lest We Forget
              The Awakening: Africa’s Response to Neo-Colonialism

              The Awakening: Africa’s Response to Neo-Colonialism

              Afrobeat’s Rising Star MohBad: A Cry for Justice and a Legacy Lost

              Afrobeat’s Rising Star MohBad: A Cry for Justice and a Legacy Lost

              Ama Ata Aidoo: Ghana’s Literary Giant and Feminist Pioneer

              Ama Ata Aidoo: Ghana’s Literary Giant and Feminist Pioneer

              The West African Coup Crisis: Niger at the Heart of ECOWAS Divide

              The West African Coup Crisis: Niger at the Heart of ECOWAS Divide

              The Ripple Effects of China's Investments in Zambia A Socioeconomic Analysis

              The Ripple Effects of China’s Investments in Zambia: A Socioeconomic Analysis

              BRICS-Africa Relations

              Deciphering the New Scramble for Africa: Unpacking the Intricacies of BRICS-Africa Relations

              Sudan’s Journey to Democratic Freedom 

              Sudan’s Journey to Democratic Freedom 

              The Quest for Political Equity in the Nigerian South East: Unpacking Marginalisation and Striving for Inclusive Governance

              The Quest for Political Equity in the Nigerian South East: Unpacking Marginalisation and Striving for Inclusive Governance

              Tilahun Gizaw and the Ethiopian Student Movement

              Tilahun Gizaw and the Ethiopian Student Movement

            • Finance & Economics
              • All
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              • Economy
              • Tech
              Africa’s Debt Conundrum: A Dive into History, Leadership, and Financial Dynamics

              Africa’s Debt Conundrum: A Dive into History, Leadership, and Financial Dynamics

              Nigeria’s Foreign Exchange Odyssey: The Quest for Stability

              Nigeria’s Foreign Exchange Odyssey: The Quest for Stability

              The Ripple Effects of China's Investments in Zambia A Socioeconomic Analysis

              The Ripple Effects of China’s Investments in Zambia: A Socioeconomic Analysis

              A Balancing Act: Navigating the Aftermath of Fuel Subsidy Removal in Nigeria

              A Balancing Act: Navigating the Aftermath of Fuel Subsidy Removal in Nigeria

              BRICS-Africa Relations

              Deciphering the New Scramble for Africa: Unpacking the Intricacies of BRICS-Africa Relations

              Artificial Intelligence

              Artificial Intelligence: Africa’s Stance in the Global Technological Renaissance

              China’s Exploitative Mining in Africa: Environmental and Social Impacts

              China’s Exploitative Mining in Africa: Environmental and Social Impacts

              The Global Challenge of Poverty

              The Global Challenge of Poverty

              African Fintech: Redefining Financial Standards

              African Fintech: Redefining Financial Standards

            • Insight
              The Melancholic Symphony of Night Rain: Reflecting on JP Clark’s Portrait of Environmental Crisis in Africa

              The Melancholic Symphony of Night Rain: Reflecting on JP Clark’s Portrait of Environmental Crisis in Africa

              Rabiu Kwankwaso

              Deconstructing Rabiu Kwankwaso’s Presidential Manifesto – “My Pledges To You. The RMK2023 Blueprint”

              Poverty

              The Paradox of Poverty Amidst Plenty: Unpacking Africa’s Endemic Poverty Problem

              The Afropolitans: The Rising Global African Diaspora

              The Afropolitans: The Rising Global African Diaspora

              Nigerian Politics

              Going in Circles: A critical evaluation of Nigerian Politics

              War against corruption

              Africa’s Corruption Conundrum: Insights and Analysis

              Africa's Democracy

              Opposition Less Government The New Embodiment Of Democracy

              Trending Tags

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                The Melancholic Symphony of Night Rain: Reflecting on JP Clark’s Portrait of Environmental Crisis in Africa

                The Melancholic Symphony of Night Rain: Reflecting on JP Clark’s Portrait of Environmental Crisis in Africa

                The Ripple Effects of China's Investments in Zambia A Socioeconomic Analysis

                The Ripple Effects of China’s Investments in Zambia: A Socioeconomic Analysis

                A Balancing Act: Navigating the Aftermath of Fuel Subsidy Removal in Nigeria

                A Balancing Act: Navigating the Aftermath of Fuel Subsidy Removal in Nigeria

                Botswana: A Journey Through the Land of the Tswanas

                Kenya Leading the Charge in Africa's Renewable Energy Revolution

                Kenya Leading the Charge in Africa’s Renewable Energy Revolution

                Sickle Cell Disease

                4 Things You Need To Know About Sickle Cell Disease

                Child Marriage in Africa: A Persistent Challenge to Sustainable Development

                Child Marriage: The Persistent Human Rights Violation Undermining African Development

                Soot pollution in Port Harcourt

                Invisible Killer: The Soot Crisis Sweeping Through Nigeria’s Oil-rich Rivers State

                Land of Punt

                Delving into the Enigma of the Ancient Land of Punt: A Historical Exploration

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                Scandal in the US Senate: The Shocking Allegations Against Senator Robert Menendez

                Scandal in the US Senate: The Shocking Allegations Against Senator Robert Menendez

                Australian Delegation’s Plea: The Assange Affair and Its Impact on Australia-US Relations

                Australian Delegation’s Plea: The Assange Affair and Its Impact on Australia-US Relations

                U.S. Human Rights Agenda in Africa: Seeking A Balanced Approach

                U.S. Human Rights Agenda in Africa: Seeking A Balanced Approach

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                Cuba’s Epic in Angola: A Unique Transatlantic South-South Cooperation

                Cuba’s Epic in Angola: A Unique Transatlantic South-South Cooperation

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              2023 Presidential Election: Constitutional Crisis and What Lies Ahead

              The 2023 Presidential Election in Nigeria has been marred by controversies and crises. INEC's failure to adhere to its own guidelines on the electronic transmission of election results has led to outrage from opposition parties. The interpretation of the constitution on whether the winner must have 25% threshold of votes cast in the Federal Capital Territory has also led to controversies. The constitutional crisis will have to be resolved through the judicial process, and legal fireworks are expected at the Presidential Election Tribunal in the coming months.

              Joseph Isaac Olawole by Joseph Isaac Olawole
              13 March 2023
              in Politics
              Reading Time: 7 mins read
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              INEC 2023 Presidential Election Constitutional Crisis and What Lies Ahead

              The Nigerian political climate is heating up after the 2023 Presidential elections. The Independent National Electoral Commission (INEC) is now embroiled in controversy over its election handling, particularly concerning the interpretation of the constitution over the required percentage a Presidential candidate needs to win across States of the Federation and Federal Capital Territory (FCT); while another burning issue is INEC’s alleged breach of the Electoral Act. This article details the ensuing constitutional crisis and what lies ahead for the major parties.

              The INEC Guideline Conundrum

              Prior to the election, INEC announced its guidelines for the 2023 National Elections, and a key element of the guideline stated that election results would be uploaded to its portal using the Bimodal Voter Accreditation System (BVAS) directly from the polling unit to the INEC Result Viewing (IReV) portal in real-time for the public’s viewing.

              Unfortunately, this guideline was not followed, leading to outrage from opposition parties who believed INEC compromised in neglecting its own guidelines. Although INEC Chairman, Prof. Yakubu Mahmood, have stated that they had to transmit results because its server was attacked by hackers manually. Not everyone is buying into this narrative, as the real-time upload of polling unit results would have forestalled every form of manipulation carried out at the INEC Collation Centers. It is believed that INEC has erred in adhering to its own guidelines;, compromising the credibility of the elections. This issue will definitely be a subject of litigation in the Presidential Election Tribunal.

              The FCT 25% Interpretation Saga

              As explicitly stated in the constitution, before a winner can be declared in a Presidential election, two conditions must have been met:

              • A presidential candidate must secure the highest number of votes cast at the election
              • He/she must secure not less than 25% of votes cast in at least two-thirds of all the States of the Federation and FCT.

              Although INEC had announced Bola Tinubu as the President-elect, it hasn’t eroded the controversies that questioned whether INEC acted according to the constitution. Different experts have made several interpretations on whether a candidate ought to have 25% of the votes in two-thirds of all the States of the Federation “as well as in the FCT” to be declared the winner. While some argued that it wasn’t mandatory, others claimed it was necessary.

              There has also been disagreement over whether the FCT should be counted as a state in this context. Some argue it should be considered a state, while others maintain that it should not. This disagreement has led to confusion and uncertainty, with different interpretations of the law causing tension between political parties and their supporters.

              The controversy has been further compounded by the fact that Peter Obi of the Labour Party won the FCT vote by a considerable margin, with the eventual declared winner not having 25% of the votes cast in the FCT, which has left room for conflicting interpretations and disputes.

              This would definitely be tested in the Presidential Election Tribunal. Does a candidate need 25% of votes cast in the FCT to be declared the winner? Should FCT be counted as a State on its own? Was it right for INEC to declare Bola Tinubu of the All Progressive Congress (APC), who has 25% of votes cast in at least two-thirds of all the States, aside from the FCT, winner of the Presidential election? This is another constitutional crisis that would need to be resolved.

              The Consequences 

              The constitutional crisis resulting from the INEC guideline conundrum and the FCT 25% interpretation saga has raised questions about the potential consequences of the controversy. One possible outcome is that the elections could be cancelled, which would have significant political and economic implications for Nigeria.

              Another potential consequence is that the controversy could lead to political instability and unrest as supporters of different parties take to the streets to voice their grievances if the court judgment goes against them. This could further undermine the credibility of the electoral process and erode public trust in the government.

              The Role of Nigerian Courts

              The Nigerian courts are essential in resolving the constitutional crisis and ensuring a free and fair electoral process. Accordingly, several cases have been brought before the courts, seeking clarification on interpreting the FCT 25% rule and challenging INEC’s election guidelines.

              The courts must interpret the Constitution and guide the interpretation of the law. They should also ensure that the electoral process is fair and transparent and that the rights of all parties and candidates are protected.

              Impact on Gubernatorial Elections

              Several gubernatorial elections are also scheduled to take place. The controversies surrounding the Presidential election could have an impact on these elections. If the Presidential election is not seen as credible, it could undermine the legitimacy of the gubernatorial elections and lead to further disputes.

              In conclusion, the 2023 Presidential election in Nigeria is facing several challenges that could lead to a constitutional crisis. The INEC guidelines and the FCT 25% interpretation saga have caused confusion and disputes among stakeholders. However, there are potential resolutions to these issues, and the Nigerian courts also play a crucial role in resolving the conflicts. Furthermore, the controversies surrounding the Presidential election could also affect the legitimacy of the upcoming gubernatorial elections. Therefore, all stakeholders must work together to ensure the electoral process is free, fair, and credible.

              Tags: #apc#ConstitutionalCrisis#INEC#LP#nigeriadecides#NigeriaElection#OneNigeria#PeacefulResolution#PresidentialElection#VoteNotFight
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              Joseph Isaac Olawole

              Joseph Isaac Olawole

              Isaac is an avid reader, with a unique flair for writing topical issues on Politics, Education, Lifestyle and Entertainment. As a media professional with vast experience in content writing and information literacy, Isaac currently writes for Africa360Degrees, with his contributions mainly focused on exploring political landscapes, analysing lifestyle trends as well as advocating for holistic and inclusive education. When he's not writing, he's most likely playing chess or talking education and politics with friends. To Isaac, life is infinitesimal.

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