A group of registered voters from the Federal Capital Territory (FCT), Abuja, consisting of Messrs Anyaegbunam Okoye, David Adzer, Jeffery Ucheh, Osang Paul, and Chibuike Nwachukwu, has filed a suit in the Federal High Court sitting in Abuja. The suit seeks to prevent the Chief Justice of Nigeria, Justice Olukayode Ariwoola, from swearing-in President-elect, Bola Tinubu, on May 29, pending the determination of whether it is mandatory for the winner of a presidential election to obtain 25% of the votes in the FCT.
The plaintiffs allege that it is unconstitutional for Tinubu to be declared the winner of the February 25 election despite failing to score 25% of the votes in the FCT. They argue that Tinubu cannot be inaugurated until the court has determined whether the provision for 25% of the votes in the FCT is mandatory
The plaintiffs sought:
“A declaration that no state of the country is at the same time the FCT for any propose whatsoever, including, in particular, under section 134 (2) (b) of the Constitution.
“A declaration that no candidate in the February 25 presidential election in the country may validly be declared elected President of the Federal Republic of Nigeria without that candidate obtaining at least 25% of the votes cast in the FCT, Abuja.
“A declaration that no candidate in the February 25 presidential election may validly be sworn in as President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria, without such candidate having obtained 25% of the votes case in FCT, Abuja.
“A declaration that following the February 25 presidential election and until a successor is determined in accordance with the provisions of the Constitution and sworn in, the term of office of his Excellency, Muhammadu Buhari, GCON, as President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria subsists and endures in accordance with the provisions of section 135 (1) (a) of the Constitution”.
“An order setting aside or suspending any declaration and/or issuance of a Certificate of a Return to any candidate in the February 25 presidential election in the country as having been elected, save and except it is judicially determined with finality that such candidate fulfilled the conditions stated in section 134(2) (b) of the Constitution.”
The declaration of Asiwaju Bola Ahmed Tinubu the President-elect by the Independent National Electoral Commission, INEC, has continued to generate controversies across the country and beyond.
The All Progressives Congress, APC’s presidential candidate in 2023 presidential election failed to secure the at least 25% of votes cast in the Federal Capital Territory, Abuja, where is the administrative headquarters of the Nigerian government.
Section 134 of the Nigerian constitution 1999, says for anyone to be declared the winner of any presidential election in the country, the person must, among other things, secure one-quarter of the votes that was cast in two-thirds of the states in the country and Abuja.
“A candidate for an election to the office of President shall be deemed to have been duly elected where, there being more than two candidates for the election-he has the highest number of votes cast at the election; and he has not less than one-quarter of the votes cast at the election each of at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja,” subsection 2 of the above clause stipulated.
No previous judgement has been made regarding this clause, but many Nigerians believe it is mandatory to secure 25% in FCT prior to being declared winner of a presidential election in the country.
Some political parties at the election have gone to court to challenge Tinubu’s declaration as the winner of the 2023 presidential election.
