Politics
INEC Says Tinubu Doesn’t Need 25% Of FCT Votes To Win Presidential Election
The Independent National Electoral Commission (INEC) has told the presidential election petitions tribunal that President-elect Bola Tinubu of the All Progressives Congress (APC) won the February 25 election and was validly returned as the winner without needing to get 25 per cent of the votes cast in the Federal Capital Territory (FCT).
INEC stated this in its reply by its lawyer, Abubakar Mahmoud, to the petition filed by the Peoples Democratic Party (PDP) and its presidential candidate, Atiku Abubakar, before the tribunal.
Nigeria’s electoral umpire said the APC candidate met all the legal requirements to be so announced as the winner of the election, arguing that a candidate must not secure 25 per cent votes in the FCT to be declared winner because the FCT was not accorded any special status in the constitution as being “erroneously” portrayed by some political parties and candidates who lost the election.
On why it returned Tinubu as the winner, INEC said the APC candidate scored 25 per cent of the 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 second respondent was properly declared winner and returned as the president-elect of the Federal Republic of Nigeria,” INEC explained, adding that Mr Tinubu, having scored 25 per cent 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 per cent of the valid votes cast in the Federal Capital Territory unnecessary.”
It also argued that the declaration and return of Mr Tinubu were not wrongful and were made in accordance with the provisions of section 134 (2) (b) of the Constitution, having scored one-quarter (25 per cent) of the valid votes cast in 29 states which is beyond the constitutional threshold for such declaration.
“The first respondent denies that scoring 25 per cent 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,” it said.
INEC added that by the margin of lead, it did not act hastily, as claimed by Mr Abubakar and the PDP in declaring Mr Tinubu, the winner of the election.
It stressed that Mr Tinubu scored 25 per cent of the valid votes cast in 29 states of the federation (Ekiti, Kwara, Osun, Ondo, Ogun, Oyo, Yobe, Lagos, Gombe, Adamawa, Katsina, Jigawa, Nasarawa, Niger, Benue, Akwa Ibom, Edo, Kogi, Bauchi, Plateau, Bayelsa, Kaduna, Kebbi, Kano, Zamfara, Sokoto, Taraba, Borno and Rivers).
While faulting Mr Abubakar and his party’s claim on the status of the FCT, INEC argued that “the provisions of the constitution apply to the FCT as if it were one of the states of the federation.”
The commission also argued that the use of the word “and” in section 134 (2) of the Constitution indicates nothing more than that in construing two-thirds of the states of the federation in which a candidate is required to score one-quarter of the votes cast in the Federal Capital Territory.”
It argued that by the constitution’s provision, the FCT “has the status of a state and ought to be recognised as if it was a state of the federation.”
It added that the FCT, beyond being the country’s capital, “has no special constitutional status over and above the other 36 states of the federation to require a candidate in the presidential election to obtain at least 25 per cent of the votes cast in the FCT before being declared winner of the presidential election.”
INEC pointed out that the Federal Capital Territory “is regarded as the 37 states of the federation, and as such, a candidate needs to score 25 per cent of the valid votes cast in at least two-thirds of 37 states ( to be declared as winner in the presidential election).”
The electoral body further stated that, as against the request by Mr Abubakar and PDP, he could not be declared the winner by the tribunal because he failed to fulfil the constitutional requirement, stressing that the former vice-president “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.”
As against the claim by PDP and its presidential flag bearer, INEC stated that “the election was conducted in substantial compliance with the Electoral Act, 2022 and was not marred by any corrupt practices” and that Mr Tinubu “was duly elected by a majority of lawful votes cast in the election and his declaration and return as the winner of the presidential election” conducted on February 25, 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 second respondent as the winner of the presidential election conducted on 25th February 2023 is lawful, valid and constitutional,” said INEC, Mr Tinubu “was at the time of the election qualified to contest the election.”
INEC told the tribunal that PDP and Mr Abubakar “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 February 25.”
INEC, therefore, urged the court to dismiss the petition.
Mr Abubakar, the first petitioner, and PDP, the second petitioner, in the petition marked CA/PEPC/05/2023, had listed INEC, Mr Tinubu and APC as first to third respondents, respectively. They are seeking the nullification of the election victory of Tinubu in the February 25 presidential poll.
Mr Tinubu, who defeated 17 other candidates who took part in the election, scored 8,794,726 votes, the highest of all the candidates. Mr Abubakar came second with 6,984,520 votes in the poll; Obi came third with 6,101,533 votes.
PDP and Mr Abubakar are asking the tribunal to set aside Mr Tinubu’s victory and to declare the former vice-president winner of the election. They want an order mandating INEC to retrieve the certificate of return issued to the APC candidate or, in the alternative, conduct a fresh election.
Mr Abubakar and PDP are contending that Tinubu was not duly elected by the majority of the lawful votes cast during the poll and that INEC violated its own regulations and provisions of the Electoral Act, 2022 in the election conduct.
In a statement issued on Wednesday, December 31, 2025, and signed by its National Publicity Secretary, Mr Obiora Ifoh, the party said it had taken note of Mr Obi’s defection alongside some of his supporters, as well as what it called a “lacklustre speech” delivered by the former Anambra State governor at the defection event.
“We wondered what new he intends to sell to Nigerians,” the party said, adding that it was not surprised by the move, having “since September 2024, parted ways with Peter Obi and some of his blind supporters in the National Assembly.”
According to the statement, the faction said it had patiently awaited Mr Obi’s exit, describing it as a blessing.
“The party is finally liberated by this defection and as party leaders, we count it as a blessing,” the party said.
The faction further disclosed that it had previously urged Mr Obi and his supporters to leave if they were unable to work with the party leadership.
It claimed that several lawmakers had been suspended for anti-party activities and that similar action would have been taken against Mr Obi but for the intervention of “some well-meaning Nigerians.”
It also blamed its internal crisis on Mr Obi and Abia State Governor, Dr. Alex Otti, accusing them of sponsoring what it described as an insurrection against the Julius Abure-led leadership.
“The crisis we had in the Labour Party was caused by Peter Obi and the Abia State governor, Alex Otti,” the statement alleged, adding that it was surprising Dr Otti had not followed Mr Obi out of the party despite his suspension.
Reacting to Mr Obi’s defection event in Enugu, the faction claimed the gathering was largely boycotted by prominent political and traditional institutions in the South East, insisting that those present were “political spent forces who cannot win in their wards should there be an election today.”
It warned that this development signalled the failure of any future Mr Obi presidential or vice-presidential ambition, claiming he had “clearly lost the charm that had endeared him to the people prior to 2023.”
The faction also accused Mr Obi of misleading the South East during the 2023 elections, alleging that the region suffers political marginalisation under President Bola Tinubu’s administration as a result.
“He must be told that the South East lost out completely in President Ahmed Tinubu’s government because they trusted and believed in him in 2023,” the statement said, alleging disparities in ministerial appointments and infrastructure allocation to the zone.
The Abure-Led LP apologised to Nigerians for its decision in the last election.
“We gave Nigerians a candidate we thought was good for the nation in 2023, but time has since proved that we made the greatest political mistake. We plead for forgiveness from Nigerians,” the party said.
It urged Nigerians to watch out for a rebranded Labour Party, promising to present “the best prospect” capable of returning Nigeria to what it described as its “glorious days.”
steadily toward unity, justice, and shared prosperity”, he said.
Speaking to journalists on Wednesday at his country home in Ikere-Ekiti, Dr Oluyede said the development came as a shock, stressing that INEC supervised and monitored the PDP governorship primary that produced him as the party’s candidate.
According to him, INEC officials documented the process, completed all required forms, and even affirmed his candidacy in court through sworn affidavits arising from cases linked to the primary election.
He maintained that no court order or injunction currently restrains INEC from listing his name as the PDP candidate, arguing that the electoral body lacks the constitutional power to determine who emerges as a party’s nominee.
Dr Oluyede described such decisions as the exclusive responsibility of political parties, not the electoral umpire.
While playing down panic over the released list, Dr Oluyede noted that electoral processes often involve reviews and corrections.
He disclosed that he had commenced wide consultations, including engagements with PDP leadership and formal correspondence with INEC, to seek clarification on the omission and determine the next line of action.
The PDP candidate assured his supporters across Ekiti State that he would appear on the ballot, expressing confidence that the situation would be resolved in his favour.
He described attempts to exclude candidates from elections as dangerous and undemocratic, warning that such tactics undermine the people’s right to freely choose their leaders.
Dr Oluyede called on the people of Ekiti to reject any form of disenfranchisement, insisting that elections should be contests of ideas, records, and acceptance by the electorate rather than exclusionary maneuvers.
He also declared that the PDP in Ekiti had resolved its past internal crises and was now united, focused, and ready to win the forthcoming governorship election.
He urged party members and supporters to remain calm and focused, expressing optimism that, with divine grace and the will of the people, the PDP would emerge victorious at the polls.
Mr Obi spoke while formally declaring for the African Democratic Congress (ADC) at a well-attended event in Enugu on Wednesday, where he outlined what he described as a fresh roadmap for rescuing the country from its socio-economic challenges.
Addressing party members, supporters and other stakeholders, the former governor stressed that leadership must be driven by integrity and accountability, warning against the culture of double standards in public office.
“We cannot continue to deceive our people. Leadership is about telling the truth and leading by example. You cannot promise one thing in public and do another in private. That is not leadership, and that is not the change Nigeria needs”, Mr Obi said.
He maintained that genuine national rebirth would only be possible if entrenched wrongs were corrected, adding that governance must be guided by competence, discipline and a clear sense of purpose.
Mr Obi also underscored the need for fresh thinking in the nation’s political space, urging political actors to move away from recycled ideas that have failed to deliver sustainable development.
“We must come with new ideas,” he said, adding that “Nigeria’s problems are not mysterious; what has been lacking is the courage and competence to address them differently. We need a new approach that puts people first and focuses on production, not consumption.”
Calling for a broad based political collaboration, Mr Obi appealed to parties and stakeholders across ideological divides to work together in the national interest.
“This country is bigger than any party or individual. All parties must come together to change the present trend. What matters is not the platform, but the future of Nigeria and the wellbeing of its citizens”, he declared.
Looking ahead to the 2027 general elections, Mr Obi challenged aspirants seeking elective offices to ensure transparency in their credentials, warning that the era of falsified certificates was drawing to a close.
“Anyone contesting for any position in 2027 must come with genuine certificates. All the machinery is now in place to verify what is genuine and what is not. Integrity must start from the very foundation of leadership”, he stated.
Drawing lessons from international development models, Mr Obi cited Rwanda and Indonesia as examples of countries that rose from difficult beginnings to become thriving economies through disciplined leadership and sound policies.
“These countries were once behind us,” he noted, adding that “Today, they are moving ahead because they chose competent leadership, clear vision and policies that support local production and human capital development.”
He also criticised the economic policies of the present administration, particularly the continued importation of food items that can be produced locally, describing such practices as inimical to national development.
“You cannot grow an economy by killing local production. Importing food that we can produce in Nigeria destroys jobs, weakens our farmers and drains our foreign exchange. A serious country must produce what it consumes”, he argued.
The event featured renewed calls from ADC supporters for sustained engagement and mobilisation, as Mr Obi reiterated his belief that Nigeria remains redeemable if led with honesty, competence and a commitment to shared national progress.
In his remarks, the National Chairman of the ADC, Senator David Mark, expressed confidence in the emerging coalition, assuring Nigerians that the party would deliver good governance at all levels of administration if entrusted with power.
The gathering also witnessed the defection of several prominent politicians from different political parties across the South-East and beyond.
The motion endorsing the defection was moved by a former Deputy Speaker of the House of Representatives, Chief Emeka Ihedioha, and seconded by former economic adviser to ex-President Olusegun Obasanjo, Prof. Osita Ogbu.
Goodwill messages from notable political figures, including Senator Enyinnaya Abaribe, Mrs. Aisha Yesufu, Chief Sam Egwu, Dr. Okwesilieze Nwodo, Chief Achike Udenwa, Mr Onyema Ugochukwu and Senator Gilbert Nnaji among others, further underscored the growing momentum within the ADC.
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