The Independent National Electoral Commission (INEC) has told the election petition Tribunal that Bola Tinubu won the February 25 presidential election in response to the petition filed by Atiku.
INEC argued that Bola Tinubu of the APC won the Feb. 25 election and was genuinely returned.
Atiku and his party PDP in their petition marked: CA/PEPC/05/2023 are seeking the nullification of Tinubu’s victory and the declaration of Atiku as the winner.
Respondents in the suit are INEC, Tinubu, and APC as 1st to 3rd respondents respectively,
Atiku`s Petition Before the Tribunal
Atiku had approached the Tribunal seeking an order mandating INEC to withdraw the certificate of return issued to Tinubu.
He also sought the alternative, a fresh election conducted while arguing that INEC violated its own regulations and provisions of the Electoral Act, 2022, in the election conduct.
In its response, INEC told the tribunal that Tinubu met all the lawful requirements to be declared as the winner of the election as he scored 25 percent of the valid votes cast in 29 states of the federation.
It maintained that a candidate mustn’t get 25 percent votes in the Federal Capital Territory (FCT) to be a confirmed winner as Abuja wasn’t given any special status in the constitution as being incorrectly portrayed.
INEC’s lawyer said “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 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 lawyer 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.”
He said by the provision of the constitution, the FCT has the status of a state and ought to be recognised as if it was a state of the federation.
Again, “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).’
Further argument
He maintained that Atiku did not satisfy the constitutional requirements to be declared the winner hence, lacks the right to file the petition.
Read also: Atiku prays tribunal to declare him the winner
He said, “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.”
“That the 2nd respondent (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 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.
“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’S lawyer said.
INEC, consequently prayed to the court to dismiss the petition.