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.
On Wednesday, the House of Representatives passed, through a second reading, a bill seeking to retain immunity for the Office of the President and remove immunity from the Vice President, the Governors and the Deputy Governors.
The bill was one of the 42 considered and passed through the second reading stage during plenary presided over by the Deputy Speaker, Mr Benjamin Kalu, in Abuja.
Sponsored by Hon. Solomon Bob (Rivers PDP), the bill is seeking the amendment of Section 308 of the 1999 Constitution to guard against abuse of office and to ensure transparency in governance.
The long title of the proposed legislation read: “A Bill for an Act to alter the Constitution of the Federal Republic of Nigeria, 1999, to qualify the immunity conferred on the President, remove the immunity conferred on the Vice President, the Governors and their deputies, in order to curb corruption, eradicate impunity and enhance accountability in public office and for related matters.”
Key amendments include changes to Section 308 of the Constitution, which currently grants immunity to the president, vice president, governors, and deputy governors while in office.
The proposed bill will amend subsection 3 to ensure that immunity only applies to the President and the vice president when acting as President under Section 145 of the Constitution.
Additionally, a new subsection 4 will be introduced to make the immunity clause inapplicable if the office holder is acting in an unofficial capacity, engaging in actions beyond the powers of the office, or involved in criminal conduct.
“The bill seeks to foster transparency and strengthen the fight against corruption by making public officials more accountable for their actions, both in and out of office.”
“Section 308 of the principal Act is amended by:(a) substituting a new subsection (3) as follows: “(3) This section applies to a person holding the office of the President of the Federal Republic of Nigeria and the Vice President only when acting as President, in line with Section 145 of this Constitution.
Creating sub section (4) thereto as follows:”(4) The foregoing provisions of this section shall be inapplicable where the person to whom this section applies is acting in an unofficial capacity or where the conduct of the person is beyond the powers of his office or the conduct is criminal in nature.
“This Bill may be cited as the Constitution of the Federal Republic of Nigeria (Alteration) Act 2024.
The bill is currently awaiting further debate and consideration by the National Assembly.
The Independent National Electoral Commission (INEC) has written to notify Natasha Akpoti-Uduaghan, the senator representing Kogi Central, about the petition by constituents seeking her recall from the national assembly.
INEC said it has also received the contact details of the petitioners.
“Pursuant to section 69 of the constitution of the Federal Republic of Nigeria 1999, as amended, I write to notify you of the receipt of a petition from representatives of registered voters in your constituency seeking your recall from the senate.
“The notification is in line with the provisions of clause 2 (a) of the Commission’s Regulations and Guidelines for Recall 2024.
“This letter is also copied to the presiding officer of the senate and simultaneously published on the commission’s website. Thank you”, the letter read.
The letter was signed by Ruth Oriaran Anthony, secretary to the commission.
Meanwhile, in a statement issued on Wednesday, INEC said it has now received the updated contact details from representatives of petitioners seeking to recall the senator.
In the statement, Sam Olumekun, INEC’s National Commissioner and Chairman of Information and Voter Education, said a letter notifying the senator of the petition has been delivered to her official address, copied to the senate presiding officer, and published on the commission’s website.
“The next step is to scrutinise the list of signatories submitted by the petitioners to ascertain that the petition is signed by more than one half (over 50%) of the registered voters in the constituency. This will be done in the coming days.
“The outcome, which will be made public, shall determine the next step to be taken by the Commission. We once again reassure Nigerians that the process will be open and transparent”, Mr Olumekun said.
Sen. Akpoti-Uduaghan had recently accused Senate President Godswill Akpabio of sexually harassing her.
The allegation came in the wake of seating arrangement related altercation between Senator. Akpabio and the Kogi Central senator at the red chamber
She was subsequently suspended from the senate for six months for “gross misconduct” over the incident.
The constituents behind the recall move also accused her of “gross misconduct, abuse of office, and deceitful behaviour”.
The senator has denied wrongdoing and called the recall effort a “coordinated suppression” of her voice.
The House of Representatives on Wednesday passed the second reading of a bill to upgrade the Lagos State 37 Local Council Development Areas (LCDAs) to full-fledged Local Government Areas (LGAs ).
The bill, was sponsored by James Faleke, Babajimi Benson, Enitan Badru, and 19 other lawmakers.
The bill is titled “A Bill for an Act to Alter the Constitution of the Federal Republic of Nigeria, 1999 (as amended) to Accommodate the Thirty-Seven (37) Development Area Councils of Lagos State as Full-Fledged Local Government Areas, Increasing the Total Number of Local Government Areas in the Federation to Eight Hundred and Eleven (811), and for Related Matters (HB. 1498),”
Once fully enacted, Nigeria’s total number of LGAs will rise from 774 to 811, with Lagos overtaking Kano and Katsina, which currently have 44 and 34 LGAs, respectively.
Proponents of the bill argue that granting full LGA status to the LCDAs would bring governance closer to the people. The 37 LCDAs were created by President Bola Tinubu in 2003 when he was governor of Lagos State.
However, it’s worth noting that the Lagos State House of Assembly has been working on a bill to replace the 37 LCDAs with newly designated administrative areas.