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Tinubu’s Camp on Edge As INEC Lawyers Confirm 25% Mandatory in Abuja

Published

4 months ago

June 5, 2023

Tinubu's Camp on Edge As INEC Lawyers Confirm 25% Mandatory in Abuja

INEC – The fate of Nigeria’s presidential election could hinge on a constitutional provision that requires a candidate to secure at least 25% of the votes cast in the Federal Capital Territory (FCT).

iexclusivenews reports that Neither the PDP’s Atiku Abubakar nor the APC’s Bola Tinubu met this requirement, according to the official results announced by INEC.

This has sparked a legal battle at the presidential election court in Abuja, where both parties are presenting their arguments and evidence.

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What does this mean for Nigeria’s democracy and stability? Read on to find out.

Map of Nigeria showing FCT

What Does the Constitution Say?

According to [Section 134(2)(b) of the 1999 Constitution as amended, a candidate must secure 1/4th (25%) of votes cast in 2/3rd of the entire 36 States of Nigeria “And” 1/4th (25%) of votes cast in FCT. This means that both conditions must be met for a candidate to be declared as president-elect.

How Did the Candidates Perform in FCT?

The official results announced by INEC showed that neither the PDP’s candidate, Atiku Abubakar, nor the APC’s candidate, Bola Tinubu, met this requirement. Atiku got 24.8% of the votes cast in FCT, while Tinubu got 23.6%. This means that both candidates fell short of the constitutional threshold by a slim margin.

STATE

APC

NNPP

PDP

Yobe

40.3%

[151,459]

0.63%

[2,406]

4.83%

52.48%

[198,567]

Enugu

1.05%

[4,772]

93.91%

[428,640]

0.4%

3.45%

[15,749]

Ogun

56%

[341,554]

14%

[85,829]

0.35%

[2,200]

20%

[123,831]

Ekiti

65.38%

[201,494]

3.70%

[11,397]

0.9%

29.06%

[89,554]

Lagos

46.198%

[572,606]

47%

[582,454]

0.68%

6.112%

[75,750]

Gombe

28.8%

[146,977]

5.1%

[26,160]

2.1%

62.2%

[319,123]

Adamawa

25%

[182,881]

14.5%

[105,648]

1.1%

57.2%

[417,611]

Katsina

45.6%

[482,283]

0.6%

[69,386]

6.6%

[6,376]

46.2%

[489,045]

Ondo

64.897%

[369,924]

8.306%

[47,350]

–

20.26%

[115,463]

Jigawa

45.8%

[421,390]

0.2%

[1,889]

10.7%

42.0%

[386,587]

Nasarawa

31%

[172,922]

34%

[191,361]

2.28%

[12,715]

26%

[147,093]

Benue

36.95

[310,468]

36.95%

[308,372]

0.56%

[4,740]

15.48%

[130,081]

Bauchi

35.88%

[316,694]

3.10%

[27.373]

8.17%

[72,103]

48.34%

[426.607]

Kaduna

28.49%

[399,293]

21.01%

[294,494]

6.63%

[92,969]

39.56%

[554,360]

Bayelsa

24.59%

[42,572]

28.87%

[49,975]

0.31%

[540]

39.75%

[68,818]

Ebonyi

12.56%

[42,402]

77%

[259,738]

0.49%

[1,661]

[13,503]

Delta

13.77%

[90,183]

52%

[341,866]

0.47%

[3,122]

27%

[161,600]

Abuja

18.98%

[90,902]

59%

[281,717]

–

15%

[74,199]

Osun

45%

[343,945]

[23,283]

–

47%

[354,366]

Rivers

41.8% [231,591]

31.6%

[175,071]

–

15.9%

[88,468]

Cross River

29.55%

[130,520]

40.7%

[179,917]

0.4%

[1,644]

21.6%

[95,425]

Imo

14%

[66,171]

75%

[352,904]

0.3%

[1,536]

[30,044]

Kano

29.6%

[517,341]

1.6%

[28,513]

57%

[997,279]

7.5%

[131,716]

Borno

51%

[252,282]

1.44%

[7,205]

0.9%

[4,626]

38%

[190,921]

Niger

46%

[375,183]

9.9%

[80,452]

2.7%

[21,836]

35%

[284,898]

Abia

2.3%

[8,914]

85.69% [327,095]

–

[22,676]

Anambra

0.8%

[5,111]

93.59%

[584,621]

0.31

[1,967]

1.44%

[9,036]

Kogi

50.57%

[240,751]

11.8%

[56,217]

0.89%

[4,238]

30.48%

[145,104]

Plateau

28%

[307,195]

42%[466,272]

0.8%

[8,869]

22%

[243,808]

Zamfara

57%

[298,396]

0.3%

[1,660]

0.78%

[4,044]

37%

[193,978]

Taraba

26%

[135,165]

28%

[146,315]

[12,818]

37%

[189,017]

Kwara

53%

[263,572]

6.27%

[31,166]

0.63%

[3,141]

28%

[136,909]

Akwa Ibom

27%

[160,620]

22.58%

[132,683]

–

36.43

[214,012]

Edo

24%

[144,471]

55%

[331,163]

0.45

[2,743]

15%

[89,858]

Kebbi

42%

[248,088]

1.8%

[10,682]

0.85%

[5,038]

48% [285,175]

Sokoto

46.9%

[285,444]

1.08%

[6,568]

0.2%

[1,300]

47%

[288,679]

Oyo

50.8%

[449,884]

11.6%

[99,110]

0.48%

[4,095]

21%

[182,977]

Chart showing the percentage of votes cast in FCT for each candidate

What Does INEC Say?

INEC, through its lawyer, argued that since Atiku did not get 25% in FCT, he could not be declared president. The lawyer cross-examined a PDP witness at the tribunal on Monday afternoon and asked him if he was aware of this fact. The witness responded that he was, but also pointed out that Tinubu did not get 25% either.

What Does This Mean for the Case?

The interpretation of this section of the constitution could have a significant impact on the outcome of the case. The PDP and LP are challenging the validity of Tinubu’s election on various grounds, including irregularities, violence, and non-compliance with electoral laws. They are also seeking a fresh election or an order declaring Atiku as the winner.

The APC, on the other hand, is defending its victory and insisting that Tinubu met all the constitutional and legal requirements to be declared as president-elect. The party is also accusing the PDP and LP of fabricating evidence and spreading falsehoods.

Photo of the presidential election petition court

The presidential election court is expected to hear more witnesses and arguments from all parties before delivering its judgment. The verdict could have far-reaching implications for Nigeria’s democracy and stability.

Do you think this provision is fair and necessary? Share your thoughts in the comments section below