According to Professor Adewale, an expert in constitutional law, the Nigerian Constitution requires that a presidential candidate must receive 25% of the vote in at least 24 out of the country’s 36 states, including the Federal Capital Territory (FCT).
He warned that any candidate who fails to meet this requirement would be disqualified from the election, despite the potentially disruptive consequences.
Following the controversy surrounding the declaration of the All Progressives Congress APC candidate in the 2023 Nigerian Presidential Election, Bola Tinubu as winner, Professor Adewale Oladipo has faulted the Independent National Electoral Commission INEC.
The President-elect, Asiwaju Bola Ahmed Tinubu not getting 25 percent in the Federal Capital Territory has been a major issue after the 2023 election.
The opposition had argued that the APC flagbearer didn’t get the required 25 percent that would have got him declared by INEC as the winner of the election. A Former National Secretary of the Peoples Democratic Party, Professor Adewale Oladipo has alleged that the provision of the Law is clear in this regard.
He stated that if the law has used the word including, it would have been interpreted in another way. He however identified that the word ‘and’ that has been used mandates that the winner of the election must have gotten 25% in the FCT before being declared as the winner by INEC.
According to him, if Tinubu has not gotten this then there is a problem. Although some other Senior Advocates had argued rather that FCT is also a state under the law and it doesn’t have a higher electoral value than other states.
He said, ”When you read the provision of the constitution, it says to be declared President, the candidate must get 25 percent of the votes in at least two-thirds of the states in the federation and the FCT.
The law did not say ‘including’, it means Winner must get 24 states minimum and the FCT. My simple knowledge of grammar tells me that a winner needs to have 25 percent in FCT. I have not looked at the result of the person declared. If he did not get 25 percent of the votes in FCT, then there is a problem.”
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