The Chairman, Section of Public Interest and Development (SPIDEL) of the Nigerian Bar Association (NBA), Dr. Monday Ubani, has waded in on the ongoing debate over the required vote spread to become an elected President under the 1999 Constitution.
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There has been debates among lawyers and the civil populace about the constitutional requirement following the announcement of the results of the Presidential election in the FCT which showed that the ruling All Progressives Congress which leads the race by popular votes, and the Peoples Democratic Party all failed to meet the 25% threshold in the nation’s capital.
Section 134(1) (b) states;
“A candidate for an election to the office of President shall be deemed to have be been duly elected, where, there being only two candidates for the election –
b) he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja.
Several lawyers have wondered if under the provision, “two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja” means either of the following: that a presidential candidate must score not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the States in the Federation which means 24 states, the 24 States will include the Federal Capital Territory Abuja as a “State”, or (b) that a presidential candidate must score not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the States in the Federation which means 24 states and in addition to meeting the one-quarter requirement in 24 states, a candidate must also win one-quarter of the votes cast in the Federal Capital Territory, Abuja.
In his reaction, Mr Ubani adopted the latter interpretation, and argues that a Presidential Candidate must have at least two-thirds in 24states, and in addition to meeting the one-quarter requirement in 24 states, a candidate must also win one-quarter of the votes cast in the Federal Capital Territory, Abuja.
According to him, all elected Presidents in the current fourth republic met the two-third threshold in the FCT.
He said, “NO PRESIDENT STARTING FROM OBASANJO TO THE PRESENT PRESIDENT, BUHARI HAS EVER RULED NIGERIA FROM 1999 TILL DATE WITHOUT MEETING THE 25 PER CENT REQUIREMENT IN FCT, ABUJA. I HAVE MY DATA, I HAVE MY STATISTICS!”
He continued, “1n 1999 Obasanjo got 59% in FCT Abuja. In 2003 he secured 49.9%. In 2007, Maurice Iwu refused to publish the scores States by States including Abuja but allocated 69.6% to Musa Yar’Adua. In 2011, Jonathan secured 64.89% in FCT, Abuja. In 2015 Buhari secured 51.77% in FCT, Abuja and in 2019 Buhari got 36.92% to be declared the President of Nigeria. So why will 2023 be different? Can someone tell me please in the light of Section 134 of the 1999 constitution?”
He concluded, “FOR YOU TO BE A PRESIDENT IN NIGERIA, YOU MUST HAVE:
1. HIGHEST NO OF VOTES CAST IN THE COUNTRY.
2. 25% OF THE VOTES CAST IN 24 STATES.
3. 25% OF VOTES CAST IN FCT, ABUJA.
SOURCE: SECTION 134 OF 1999 CONSTITUTION.”
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