President Bola Tinubu has warned about the dire implication to Nigeria’s security should the Presidential Election Petition Tribunal (PEPT) sitting in Abuja, remove him from office by misinterpreting the constitution.
Tinubu, who specifically mentioned the issue of 25 per cent vote requirement for a candidate to be validly elected as President, said such a provision had no place in the Nigerian constitution, as Abuja, the Federal Capital Territory (FCT), was just another state like the rest of the 36 others in the country.
Tinubu, whose argument, was contained in the final written submission by his lawyers at the PEPT, therefore asked the election tribunal to dismiss the petition seeking to nullify his election on the grounds that he did not secure 25 per cent of lawful votes cast in the nation’s capital.
The Independent National Electoral Commission (INEC), had on March 1 declared Tinubu, the candidate of the All Progressives Congress (APC) winner in the presidential election it conducted on February 25, with 8,794,726 votes to that of Atiku Abubakar of the Peoples Democratic Party (PDP) credited with 6,984,520 to come second, while Peter Obi of the Labour Party (LP) came third with 6,101,533 votes.
However, Atiku and Obi, have raised different grounds to seek for the nullification of the result, with each claiming victory in addition to disqualification of the former Lagos State Governor, who had since been sworn in as President on May 29, Obi also wants the election result to be nullified on the ground of the 25 per cent requirement.
But Wole Olanipekun, Tinubu’s lawyer, in a final written address to the tribunal against the petition, said the FCT was just the 37th state for electoral purposes and any other interpretation would “lead to absurdity, chaos, anarchy and alteration of the very intention of the legislature”.
Olanipekun said the petition is novel and not familiar with the country’s electoral laws.
“The petition in issue in this address is very novel in the sense that it is not a petition stricto senso, familiar to our electoral jurisprudence, as the petitioners are not, this time around, complaining about election rigging, ballot box snatching, ballot box stuffing, violence, thuggery, vote buying, voters’ intimidation, disenfranchisement, interference by the military or the police, and such other electoral vices,” he said.
Maintaining that section 3(1) of the constitution specifically listed the states by their respective names and that the FCT was classified “in the same manner and to the same extent,” Olanipekun contended that following this trend, there was therefore no such requirement envisaged by law.
“May we draw the attention of the court to the fact that there is no punctuation (comma) in the entire section 134(2)(b) of the constitution, particularly, immediately after the ‘States’ and the succeeding ‘and’ connecting the Federal Capital Territory with the States. In essence, the reading of the subsection has to be conjunctive and not disjunctive, as the Constitution clearly makes it so. Pressed further, by this constitutional imperative, the Federal Capital Territory, Abuja, is taken ‘as if’ it is the 37th State, under and by virtue of section 299 of the Constitution.”