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.
Chairman-elect of Southern Ijaw Local Government Area of Bayelsa State, Hon. Target Segibo has alleged that the prevalent security challenges in some communities of the local government area could be traceable to parental failure on one hand, and frivolous lifestyle of children and wards involved in crime and criminality in the area on the other hand.
Segibo, who was a pioneer member of the State House of Assembly between 1999-2003, stated this in Yenagoa, the state capital recently while fielding questions from newsmen shortly after receiving his Certificate of Return from the Bayelsa State Independent Electoral Commission (BYSIEC).
He indicated his continued desire to work for the peace and rapid socio-economic development of the local government, noting that having been actively involved in the politics of the area for decades now, he was more grounded in working on modalities towards ensuring enduring peace and unity in troubled communities of the area.
The Chairman-elect who also lauded the state governor, Senator Douye Diri, the state’s leadership of the Peoples Democratic Party (PDP) and the electorate for finding him worthy to be elected Chairman of the local government, called on parents/guardiance not to renege on their primary responsibilities of watching over their children and wards, arguing that as the largest local government area in the state, Southern Ijaw should also be noted for peace and development.
“For over 20 years, I’ve been living peacefully with all my neighbours, both at home in Oporoma, headquarters of Southern Ijaw LGA and here, in Yenagoa.
“I’ve grown up children, but I don’t give them more than what they needed as students to go to school and stay okay as a father because I discovered that most of the security challenges we’re facing today in the Southern Ijaw LGA, and other parts of the state, is traceable to parental failure and children’s wanting to lead a frivolous lifestyle”, he said.
“As parents/guardians we should be able to know the kind of friends our children/wards keep. We must not pamper them. We must tell them that they have to do something legal to earn a living. We must question any source of sudden wealth and affluence on the part of our children and wards.
“But I want to assure our people of Southern Ijaw that as their incoming Chairman, when I’m sworn-in, having been actively participating in the politics and other activities of the area, collectively we’ll work to ensure enduring peace, unity and development of the LGA”, he added.
By: Ariwera Ibibo-Howells, Yenagoa
The Bayelsa State House of Assembly has screened and confirmed the first batch of Commissioner-nominees for Governor Diri’s second term State Executive Council.
The Tide gathered that the State Chief Executive in a bid to form his cabinet for his second tenure had earlier submitted a list of 14 names to the state legislature for confirmation as commissioners.
However, The Tide reports that only 13 out of the 14 nominees attended the constitutional exercise of the lawmakers.
Though no official reasons have been given, the immediate past Commissioner for Sports, who is also a former member of the state Assembly, Hon. Daniel Igali, was conspicuously absent during the screening exercise.
Inline with the House’s rules and Standing Orders, two other former members of the state Assembly who were also part of the nominees, Dr Gentle Emelah, immediate past Commissioner for Education, and Mrs Ebiwou Koku-Obiyai, were simply asked to take a bow and leave.
Following the exhaustive grilling, however, the immediate past Commissioner for Justice and Attorney-General, Mr Biriyai Dambo, SAN, his Finance counterpart, Mr Maxwell Ebibai, were confirmed.
Also confirmed were the immediate past Works and Infrastructure Commissioner, Moses Teibowei, Mrs Koku Obiyai, Dr Gentle Emelah, Ayibakipreye Brodericks, George Ekpotuatein Flint and Komuko Akari Kharim.
Furthermore, Mr Perepuighe Biewari, Dr Jones Ebieri, Barr. Peter Afagha, Mrs Bidei Elizabeth and Michael Magbisa received the nod to be appointed commissioners by the state lawmakers.
In his advice to the nominees shortly after their screening, Deputy Speaker of the House, Rt. Hon. Michael Ogbere, enjoined the Commissioner hopefuls to work as a team with those they will meet on ground, admonishing that they remain loyal to the government at all times.
On his part, Leader of the House, Hon. Monday-Bubou Obolo, said the people of the state expect a lot trom them and that the House will do its best to keep them on their toes through its oversight functions while giving them the needed legislative support where necessary.
By: Ariwera Ibibo-Howells, Yenagoa
A former lawmaker representing Degema/Bonny Federal Constituency in the House of Representatives, Hon. Farah Dagogo, has described the outcome of the 98th National Executive Committee (NEC) meeting of the Peoples Democratic Party (PDP) as another demonstration of the resilience of the party to weather any storm that comes its way.
This is contained in a statement released bythe Special Assistant, Media and Publicity to the estwhile federal legislator, Ibrahim Lawal, at the weekend.
In the build up to the NEC meeting, suggestions and permutations had been rife of the likelihood of the PDP running into another round of crises as the party tries to navigate a path for the North Central Zone to produce a substantive National Chairman to complete the truncated tenure of former Chairman, Dr. Iyiorchia Ayu.
Speaking on the sidelines of the NEC meeting that saw Umar Damagum retain his position as the party’s Acting National Chairman until the next NEC meeting scheduled for August, Dr Dagogo said those who genuinely have the best interest of the party at heart made timely sacrifices to keep the party firm and afloat.
The former member of the National Assembly said but for the political maturity and sagacity employed by the party’s National Leader and former Vice President, Alhaji Atiku Abubakar, alongside other leaders, before and during the NEC meeting, the party would have ‘played into the hands of some individuals, who wanted the party to implode in order to improve their political fortunes’.
He expressed optimism that by the adjourned date of August, Damagum would have seen that “it is in the best interest of the party for him to vacate the position for a more purposeful and result oriented leadership’’.
“ For me, the outcome of the NEC meeting was a win-win situation. Against all odds, the party came out unscathed and will continue to wax stronger.
“Yes, the Acting Chairman retained his position, but it is obvious to him now and others that it would be in the best interest of the party for him to vacate that position for a more purposeful and result oriented leadership by August.
“The so called tension generated in the build up to the NEC Meeting was actually orchestrated by the inordinate desire of some few individuals who wanted to thwart the sterling call by party faithful for a review of its failing leadership and directionless.
“ The Party however did not play into the hands of those individuals, who wanted the party to implode in order to improve their political fortunes. Thanks in good measure to the political maturity and sagacity employed by the Party’s National Leader and Former Vice President, Alhaji Atiku Abubakar, alongside other leaders, before and during the NEC Meeting. We are where we are now because of their sacrifices and dedication to the party, “ he added.
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