Nigeria's Presidential Election Judgement: Implications of the 37th State

The judgements delivered by the Presidential Election Petition Court last week have sent shockwaves through the Nigerian polity. Not only do these judgements have far-reaching consequences for election jurisprudence, but they also have a profound impact on the structure of the Nigerian Federation, particularly with regards to the creation of a 37th state.

One of the most alarming aspects of the judgement is the court's interpretation of Section 134(2) (b) of the Constitution. The court contends that the "entire provisions of the Constitution shall apply to the Federal Capital Territory (FCT) as if it were one of the states of the Federation." This interpretation effectively establishes the FCT as the 37th state of Nigeria.

However, this interpretation is highly contentious and has significant implications for the Nigerian Federation. To accommodate the FCT as the 37th state, numerous sections of the Constitution would need to be amended. This includes sections related to the number of senators, the distribution of funds from the federation account, and the process for creating or adjusting boundaries of states.

The court's decision to extend the application of Section 299 of the Constitution, which deals with the administration of the FCT, to other sections of the Constitution is a major departure from established legal norms. The consequences of this decision are monumental and threaten to upset the delicate balance of power between the North and South in Nigeria.

Historically, the distribution of states in Nigeria has been a contentious issue, with concerns about imbalance and fair representation. The present 36 states were created to address these concerns, and any further alteration of the state structure could exacerbate existing tensions.

The creation of the FCT was intended to be a neutral territory that represents all ethnic groups and tribes in Nigeria. However, the appointment of FCT Ministers, who oversee the territory on behalf of the President, has been predominantly from northern backgrounds. This has fueled calls for permanent appointments of FCT Ministers from indigenous inhabitants of the FCT.

While the constitutional implications of the court's decision are troubling, the political ramifications are equally concerning. The addition of the FCT as a state would increase the northern tally to 20, further widening the gap of imbalance between the North and South.

In conclusion, the recent judgements of the Presidential Election Petition Court and their interpretation of the Constitution have raised serious concerns about the state of Nigeria's democracy and the structure of the Nigerian Federation. The decision to create a 37th state has significant legal, political, and constitutional repercussions, and it is crucial for all stakeholders to carefully consider the long-term implications of such a decision.