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.
The Chairman, Caretaker Committee of Asari Toru Local Government Area, Hon. Orolosama Amachree, has attributed the emergence of Sir Siminalayi Fubara as Governor of Rivers State to divine intervention.
According to him, Governor Fubara’s leadership was ordained by God to liberate the Kalabari people from underdevelopment.
Hon Amachree made this statement when the Ido Community Council of Chiefs paid him a courtesy visit.
He highlighted Governor Fubara’s numerous contributions to the Kalabari people, including the award of the original Trans-Kalabari road project worth N225 billion.
The CTC Chairman emphasized that the Kalabari people had no option but to support Governor Fubara’s administration wholeheartedly.
He criticized the defected former Rivers State House of Assembly members representing the five Kalabari state constituencies for aligning with enemies of the state government.
Hon Amachree praised Governor Fubara for declaring Asari-Toru as his second home and demonstrating immense love for the people, citing the completion of the Emohua-Kalabari road and approval for the reconstruction of the Buguma-Degema-Abonnema road project as examples of the Governor’s commitment to the ethnic nationality.
The CTC Chairman assured the Ido Council of Chiefs that his administration would continue to prioritize the wellbeing of the people and announced the approval for the provision of three public conveniences for the community.
Earlier, the spokesman of the Ido Community Council of Chiefs, Chief Igbigioyibo Emmanuel, expressed the loyalty and support of the Chiefs and people to Governor Fubara’s administration.
He thanked the Governor for his love and the appointment of Hon Amachree who has embarked on various empowerment programmes, as well as the rehabilitation of key infrastructures to better the lives of the people at the grassroots.
Chairman of the Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu, has reassured stakeholders in Edo State that the commission is prepared for the upcoming governorship election on September 21.
Addressing the stakeholders in Benin on Wednesday, Prof. Yakubu emphasised the importance of cooperation to ensure a credible election process.
He highlighted that the meeting, traditionally held before major off-cycle governorship elections, is co-hosted by the INEC Chairman and the Inspector-General of Police to discuss election preparations.
Prof. Yakubu detailed that the session aimed to engage with political parties, candidates, accredited observers, media, and other stakeholders to review preparations for the election.
He noted that the Inspector-General of Police would address security preparations, while he himself would cover electoral preparations. Together, they would address any issues or concerns raised by the attendees.
The INEC Chairman outlined that preparations for the election began last year with the release of the timetable and schedule of activities, in accordance with legal requirements.
Out of 13 statutory activities listed from the publication of the election notice to election day, 11 have already been completed.
Prof Yakubu reported that the final list of candidates had been published, with minor adjustments made following court orders. The Labour Party’s running mate was replaced as directed by the court, and the National Rescue Movement (NRM), which missed its nomination deadline, was included on the ballot after a court order.
With the conclusion of the recent Continuous Voter Registration (CVR) in Edo, 184,438 Permanent Voter Cards (PVCs) have been issued 119,206 for new voters and 65,232 for various updates and transfers.
Edo State now has a total of 2,629,025 registered voters. A detailed breakdown of PVCs collected for each of the 4,519 polling units will be published soon, while uncollected PVCs will be secured in the Central Bank of Nigeria until after the election.
Prof Yakubu also revealed that INEC has accredited 134 groups (124 domestic and 10 international) to deploy 1,836 observers and 114 media organisations with 721 journalists.
Thousands of agents representing candidates and political parties will be present at the 4,730 polling and collation locations across the state.
The BVAS machines will be used for voter accreditation and uploading results to the INEC Result Viewing (IReV) portal.
Dr. Greg Igbinomwanhia, Chairman of the Inter-Party Advisory Committee (IPAC), urged political parties to adhere to the rules to ensure a free, fair, and credible election. Political party chairpersons and candidates also delivered goodwill messages and raised concerns regarding the election.
More than two million voters will be participating in the November 16 governorship election in Ondo state.
They would determine the fate of 17 governorship candidates of the political parties participating in the election.
The Resident Electoral Commissioner (REC) of the Independent National Electoral Commission (INEC) in the state, Mrs. Toyin Babalola, disclosed this in Akure, at a seminar organized by the International Press Center (IPC) and funded by the European Union (EU).
The programme was part of the European Union Support to Democratic Governance in Nigeria (EU-SDGNII) project, with IPC serving as the lead partner under Component 4, which focuses on support to the media.
Mrs Babalola also said that the INEC has said it would deploy the Bimodal Voter Accreditation System (BVAS) and INEC Result Viewing (IReV) during the election.
According to her, “Ondo State has a total of 2,053,061 registered voters. They would be participating in the governorship election scheduled for November 16, this year. INEC has made necessary arrangements to ensure a free election”.
The REC noted that efforts and preparedness were in place to ensure a credible, inclusive, free, and fair gubernatorial election.
Mrs Babalola added that the portal for media registration for the election had opened.
Speaking on BVAS and IREV, the REC, said that the commission would ensure the use of BVAS and IREV during the election to ensure a free, fair, and credible poll.
She said similar arrangements have been made in Edo State for the September 21 governorship election.
In his welcome address, IPC Executive Director, Mr. Lanre Arogundade, emphasized the essential role of the media in promoting electoral integrity.
Mr Arogundade noted that elections were the cornerstone of democratic societies, highlighting the importance of capacity training for journalists in preparation for election coverage.
He said that the dialogue aimed to foster collaboration among critical stakeholders, ensuring that the media remains fair, accurate, ethical, and professional in covering the upcoming Ondo State election.
The Executive Director, also underscored the importance of journalists’ involvement in voter education, helping to inform the electorate about their rights and responsibilities.
A Senior Lecturer at Elizade University, ilara- Mokin, Dr Tunde Fajimbola, spoke on the media’s role in addressing key issues in the governorship election.
The Founder of the Journalism Clinic, Mr Taiwo Obe, guided participants on asking the right questions and telling impactful stories during electoral coverage.
In his remarks, CEMESO Executive Director, Dr Akin Akingbulu, emphasized that off-cycle elections had become a significant feature of Nigeria’s electoral calendar. He highlighted the need for journalists to be well-equipped to contribute to credible electoral processes.
The State Chairman of the Nigeria Union of Journalists (NUJ), Prince Leke Adegbite, commended IPC for its efforts in building journalists’ capacity through training.
Adegbite acknowledged that the media dialogue came at the right time and assured the organizers that participants would strive to achieve set goals.
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