The Independent National Electoral Commission (INEC) has asked the Presidential Election Petitions Tribunal in Abuja to dismiss all the petitions challenging the declaration of Bola Tinubu of the All Progressives Congress as the winner of the February 25 presidential election.
INEC had declared that Tinubu polled 8,794,726 votes to win the election.
The commission confirmed Peter Obi of the Labour Party as the second runner-up with 6,101,533 votes, and that Atiku Abubakar of the Peoples Democratic Party came in second with 6,984,520 votes.
But, Atiku, Obi, and a few other parties disagreed with the INEC-announced results and appealed to the tribunal, pleading for the election to be declared invalid.
All the opposition parties challenging Tinubu’s victory joined INEC as a co-defendant.
In its defence to the various petitions, filed through its team of lawyers led by A. B. Mahmoud (SAN), INEC described Atiku’s petition as “grossly incompetent, vague and academic, saying it was an abuse of the court process.”
INEC affirmed that having scored at least one-quarter of the valid votes cast in 29 states, which is over and above the 24 states threshold required by the constitution in addition to scoring the highest number of the lawful votes cast at the election, Tinubu was properly declared winner and returned as the President-elect.
On the issue of Tinubu not winning the FCT, INEC argued that going by the provisions of the 1999 Constitution, “the FCT has the status of a state and ought to be recognised as one of the states of the federation.”
INEC insisted that it declared Tinubu as winner of the election, considering that he “scored highest valid votes cast at the election and at least 25 per cent of the votes cast in not less than two-thirds of the states of the federation and the Federal Capital Territory, Abuja.”
“The 1st respondent pleads and shall at the trial of this suit rely on all the Electoral Forms including but not limited to Forms ECSA, BCSB, ECSC, ECSD and ECBE used in the course of the Presidential Election held on the 25th day of February 2023,” INEC said.
“The FCT, beyond being the capital of Nigeria, has no special 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.
“The 1st respondent shall also contend at the trial of this suit that 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.
“The 1st respondent avers that the 2nd respondent scored 25 per cent of the valid in 29 states of the federation as stated above.”
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