Tinubu Didn’t Have To Score 25 Per Cent Votes In Abuja To Be President-Elect – INEC

The Independent National Electoral Commission (INEC) has weighed in on the dispute surrounding the 25% vote in the FCT.

The INEC said that the All Progressives Congress (APC) presidential candidate, Bola Tinubu, did not need to receive 25 votes in the Federal Capital Territory (FCT) before being named Nigeria's president-elect.

In the 25 February election, the president-elect received 8.8 million votes, beating out PDP presidential candidate Atiku Abubakar and Labour Party presidential contender Peter Obi.

To be considered the victor of Nigeria's presidential election, a candidate must also get 25% of the votes cast in two-thirds of the 36 states and the Federal Capital Territory.

24 states make up two-thirds of the 36 states. Mr Tinubu received 25% of the votes cast in 29 states but only around 18.99% in the FCT.

In a joint appeal with the PDP, Atiku is challenging Mr Tinubu's win on the grounds that, among other things, the former Lagos State governor did not get the necessary 25% of votes cast in two-thirds (24 states) and the Federal Capital Territory (FCT).

The petitioner, who petitioned the Presidential poll Petition Court in Abuja to either proclaim him the winner or cancel the poll and seek a repeat, received just 15.5% of the votes cast in Abuja.

Mr Obi of the Labour Party easily won Abuja, receiving 58.85 percent of the vote in the capital city.

Mr Obi, who finished third in the election, is also contesting Mr Tinubu's win in court, claiming, among other things, that the president-elect did not get up to 25% of the vote in Abuja.

The electoral umpire, however, contended in a preliminary objection to Atiku's appeal that there was no foundation for the request for "a run-off and/or nullification of the said election."

'Why 25 per cent votes in Abuja is not mandatory’

Justifying its declaration of Mr Tinubu as the president-elect, the electoral umpire said by scoring 25 per cent of the valid votes cast in 29 states, Mr Tinubu “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 Federal Capital Territory unnecessary.”

Citing section 134 (2) (b) of the constitution, INEC contended that its declaration and return of Mr Tinubu “was not wrongful…having scored one-quarter of valid votes cast in 29 states which is beyond the constitutional threshold for declaration.”

It further argued that Nigeria’s constitution confers the status of a state on the FCT (Abuja) “and ought to be recognised as one of the states of the federation.”

The FCT “beyond being the Capital of Nigeria has no special 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,” the electoral umpire explained.

Inferring the intentions of the framers of the Nigerian constitution, INEC said a presidential candidate is expected to have “a national geographical spread and broad acceptability from the Nigerian electorate and not meant to bestow a veto power on the FCT or its electorate over the election of a candidate at a presidential election who has otherwise scored one-quarter of the votes cast in two-thirds of the 36 states except in the FCT.”