Drama in Court as INEC Legal Representative Admits Abuja 25% Win is Required to Win Presidential Election in Nigeria

There has been a wide outcry against the declaration of Ahmed Tinubu as the winner of the February 25 presidential election of 2023. Many citizens claim the declaration was against the results obtained at the polling stations. Mr. Peter Obi, the presidential candidate of the Labour Party has declared that he won the elections and that he would prove it. His petition is among several that has been presented before the election tribunal to contest Tinubu’s victory.

One of the points raised by petitioners and laymen alike is the twenty-five percent stipulated by the constitution as a requirement for winning a presidential election in Nigeria. The Constitution in stipulating the requirements for election as Nigerian president states in Section 134(2) that a candidate must (a) have the highest number of votes cast at the election; and (b) have not less than 25% of total votes cast in at least two-third of all the States in the Federation and the FCT, Abuja. Some parties has said the stipulation means a candidate must win with at least 25% of the votes cast in the Federal Capital Territory while others argue that it means 25% of the votes obtained in all states including the FCT.

While this has not been addressed by the presiding tribunal, the lawyer representing INEC initiated a drama at the tribunal when he asked a witness for PDP why Atiku Abubakar would demand to be declared winner of the election when he had not won 25% if the votes in the Federal Capital Territory. The witness in turn had replied that Ahmed Tinubu whom the INEC had declared the winner also did not get up to 25% of the votes in Abuja.

And that got a good laugh from the audience.