The Independent National Electoral Commission (INEC) has said the constitution doesn’t require a candidate to secure 25% of votes in the Federal Capital Territory (FCT) to be declared the winner.
INEC said this before the Presidential Election Petition Tribunal in Abuja while replying to petitions against the declaration of Bola Tinubu of the All Progressives Congress as winner of the 2023 presidential election.
INEC said this on Tuesday while giving its response to the petition filed by the Peoples Democratic Party (PDP) and its presidential candidate, Atiku Abubakar.
According to INEC, Tinubu, having scored 25% of the valid votes cast in the 29 states, satisfied the requirement of the constitution to be declared the winner.INEC’s lawyer, Abubakar Mahmoud, SAN, While praying to the tribunal to dismiss the suit, said Tinubu met all the legal requirements to be so announced winner of the election.
He said the requirement of having 25 percent of the valid votes cast in the Federal Capital Territory was not necessary as Tinubu already won 25% valid votes cast in 29 states of the federation.
“Having scored at least one-quarter of the valid votes cast in 29 states, which is over and above the 2/3 states threshold required by the constitution, in addition to scoring the majority of the lawful votes cast at the election, the 2nd respondent was properly declared the winner and returned as the president-elect of the Federal Republic of Nigeria.
“The 2nd respondent, having scored 25 percent of the valid votes cast in the 29 states, has satisfied the requirement of the constitution to be declared winner of the presidential election, thus rendering the requirement of having 25 percent of the valid votes cast in the Federal Capital Territory unnecessary.”
“The 1st respondent denies that scoring 25 percent of the votes cast in the Federal Capital Territory is a condition precedent to the declaration and return of a candidate in the presidential election,”
“The Federal Capital Territory is regarded as the 37 states of the federation and as such, a candidate needs to score 25 percent of the valid votes cast in at least two-thirds of 37 states ( to be declared as winner in the presidential election).’It argued that, as against the request by Atiku and his party, he could not be declared the winner by the tribunal because he failed to fulfill the constitutional requirement.
“The 1st petitioner (Atiku), failed to score, at least, one-quarter of the votes cast in at least two-thirds of the 36 states of the federation and the Federal Capital Territory and as such could not have been declared the winner of the Presidential Election held on the 25th day of February 2023.”
INEC told the court that the election was conducted in substantial compliance with the Electoral Act, of 2022, and was not marred by any corrupt practices.
‘That the 2nd respondent (Tinubu) was duly elected by a majority of lawful votes cast in the election and his declaration and return as a winner of the presidential election conducted on the 25th day of February 2023 is lawful, valid and in line with the Constitution of the Federal Republic of Nigeria and the Electoral Act, 2022.
“Having satisfied the requirements of Section 134 (2) (b) of the Constitution of the Federal Republic of Nigeria, 1999, the return of the 2nd respondent as the winner of the presidential election conducted on 25th February 2023 is lawful, valid, and constitutional.
“The 2nd respondent was at the time of the election qualified to contest the election.
INEC argued that Atiku was not entitled to be returned as the winner of the presidential election, consequently, it prayed to the tribunal to dismiss Atiku’s petition.
“The petitioners neither scored the majority of the lawful votes cast at the election nor scored not less than one-quarter of the lawful votes cast in at least two-thirds of the 36 states of the Federation and the Federal Capital Territory and therefore the 1st petitioner (Atiku) is not entitled to be returned as the winner of the presidential election conducted on Feb. 25.”
INEC, therefore, urged the court to dismiss the petition.
Atiku had approached the tribunal alongside his party seeking the nullification of the election that produced Tinubu.
They argued that Tinubu was not duly elected by the majority of the lawful votes cast during the poll.
They also submitted that INEC violated its own regulations and provisions of the Electoral Act, 2022, in the election conduct.
They are praying to the court for an order mandating INEC to retrieve the certificate of return issued to the APC candidate or in the alternative conduct a fresh election.
Abubakar and PDP are contending that
In the petition filed by Atiku, INEC, Tinubu, and APC were listed as respondents.