INEC replies Atiku’s petition, gives reasons for declaring Tinubu

The Independent National Electoral Commission has replied the petition of the Presidential Candidate of the Peoples Democratic Party (PDP) Atiku Abubakar challenging the declaration of All Progressives Congress’ Asiwaju Bola Tinubu as winner of February 25 presidential election.

Atiku had in a petition he submitted at the Presidential Election Petition Tribunal argued that Tinubu didn’t meet the requirements to be declared president-elect.

Responding to the petition, INEC said Tinubu satisfied all the requirements to be declared in the constitution and the Electoral Act.

INEC said, “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.”

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.”