•Commission replies PDP candidate’s petition
•FCT has no special status
•‘Obi’s petition should be dismissed’

Peoples Democratic Party (PDP) Presidential candidate Atiku Abubakar did not meet the constitutional requirements to be declared winner of the February 25 election, the Independent National Electoral Commission (INEC) has said.

The commission urged the Presidential Election Petition Court (PEPC) to dismiss the petition by Atiku and his party.

It said: “The first 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 (FCT) and as such could not have been declared the winner.”

As against the claim by the petitioners, INEC added: “The election was conducted in substantial compliance with the Electoral Act 2022 and was not marred by any corrupt practices.”

The commission said the President-elect Bola Ahmed Tinubu validly won the election.

INEC said the FCT is not accorded any special status in the constitution as being erroneously portrayed by some political parties and candidates who lost the election.

The umpire stated these in its reply to the petition by the PDP and Atiku.

“That the second 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 second respondent as the winner of the presidential election conducted on 25th February 2023 is lawful, valid and constitutional.


“The second 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 FCT.


“Therefore, the first petitioner (Atiku) is not entitled to be returned as the winner of the presidential election conducted on 25th February 2023.”

INEC prayed the court to dismiss the petition.

The commission said the All Progressives Congress (APC) candidate met all the legal requirements to be so announced as the winner.

It argued that a candidate must not secure 25 per cent of votes in the Federal Capital Territory (FCT) to be declared the winner.

The response was filed on April 11 by its legal team led by the former President of the Nigerian Bar Association (NBA), Abubakar Mahmoud (SAN).

On why it returned Tinubu as the winner, INEC said the APC candidate (listed as the second respondent in the petition) “scored 25 per cent of the valid votes cast in 29 states of the federation.”

It added: “Having scored at least one-quarter of the valid votes cast in 29 states, which is over and above the 24 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 the winner and returned as the President-elect of the Federal Republic of Nigeria.

“The second respondent, 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 FCT unnecessary.

“The declaration and return of the second respondent were not wrongful and was made in accordance with the provisions of Section 134 (2) (b) of the Constitution, the second respondent having scored one quarter (25 per cent) of the valid votes cast in 29 states which are beyond the constitutional threshold for such declaration.

“The first respondent (INEC) 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.”

INEC added that by the margin of the lead, it did not act hastily, as claimed by Atiku and the PDP in declaring Tinubu the winner.

It noted that Tinubu scored 25 per cent of the valid votes cast in 29 states, namely: 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 the petitioners’ claim on the status of the FCT, INEC argued that “the provisions of the Constitution apply to FCT as if it were one of the states of the Federation and 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.”

It argued that by the provision of the Constitution, the FCT “has the status of a state and ought to be recognised as if were 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 added: “The FCT is regarded as the 37th state 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.”

https://thenationonlineng.net/atiku-didnt-meet-conditions-to-win-inec-tells-tribunal/

It was Obi. Now Atiku

INEC says Abuja has no special status. This means the much discussed 25% in Abuja does not mean anything.

Obi and Atiku are just wasting their times.

This case may take the whole 180 days to be decided by the tribunal and another 2 years in the Supreme Court. In that amount of time, Nigerians will get used to the reality that Tinubu’s presidency has come to stay.

divinehand2003:
INEC says Abuja has no special status. This means the much discussed 25% in Abuja does not mean anything.

It is all noise and nothing else. Section 299 of the constitution already stated clearly that FCT should be treated as a state for all constitutional matters. I live in FCT and i know I don’t have two heads so why should my vote be treated specially than the votes of people living in Enugu for instance?

My only wish is for the court to permit media coverage of the entire sessions and proceedings so that Nigerian people can learn and have sense.

Abeg, l am still searching for obi's manhood. ... :

Obi the mumu boy. .

Okay, things don dey clear small-small.

Who no win, wen dey think say he win go soon park well for persin wen Win and after this Court make anybody no make noise again ooo.

Don't mind them. The election was lost the moment the votes became divided. Why is it so difficult to understand?

Aptly put inec..

Atiku is Coming

Nigerians don enter one chance. Your dreams of free and fair elections can only be realised when you are asleep. INEC sold to us LIES only to dash your hopes when it mattered most.

But the server...oh that was 2019.

Emm.. IRV Portal something.

divinehand2003:
INEC says Abuja has no special status. This means the much discussed 25% in Abuja does not mean anything.

It doesn't. Abuja residents don't have special status. The state isn't special than Rivers, Lagos and Kano

Inec just acting like a wing of the ruling party

They need to remember that the case is not just for the political parties, it's something for every individual in Nigeria

Let them treat this case with seriousness and not abusing our sensibilities with this nonsense

In APC's mind, this battle has been won already. Why don't the others wait till 2027?

Y

divinehand2003:
INEC says Abuja has no special status. This means the much discussed 25% in Abuja does not mean anything.

You know Obidients are like Andrew liver salt. PDP that came 2nd are not even shouting upandan.

APC sope oti lo into Aso rock.

Atiku lulè
Obi lulè

But their deluded supporters are shouting 'stolen manhood' up and down.

Imagine, you were defeated when united (2019) and you expect to win now that you've all broken apart. Does that make any sense?

We told them, people living in Abuja doesn't have 2 heads on their necks

ambale:
Inec just acting like a wing of the ruling party

They need to remember that the case is not just for the political parties, it's something for every individual in Nigeria

Let them treat this case with seriousness and not abusing our sensibilities with this nonsense

You and your Obidients need to wake up to reality, constitution will not be amend or interpreted to suit your narratives. Constitution sees Abuja as 37th state, no special status.

APC Lawyers Waited Until The Last Minute To Release Something Huge...No One Saw This Coming !

This is a big setback for the recovery effort of obis stolen manhood

divinehand2003:
INEC says Abuja has no special status. This means the much discussed 25% in Abuja does not mean anything.

INEC is not the law court

tolue42:


You and your Obidients need to wake up to reality, constitution will not be amend or interpreted to suit your narratives. Constitution sees Abuja as 37th state, no special status.

What constitution exactly?

Inec just dey score own goal.... Why dem no disqualify am?

cktheluckyman:

What constitution exactly?

Angola constitution. Happy now?

He divided his own house against itself

Losers including pigiyistanas can now go and rest

tolue42:


Angola constitution. Happy now?

Yes I am very happy.Tinubu will only rule over Angola

na wa ooo


Atiku political cycle

Bribe-> Win PDP primaries-> Bribe-> Campaign - > Bribe-> F*ck Dino nyash-> Bribe on election day -> Lose election-> Bribe court-> Lose in court -> Travel to Dubai
(REPEAT AGAIN AFTER FOUR YEARS)


I'll advice him to sponsor a candidate and become a godfather instead of all this disgrace