Logjam over Abuja results seen sparking legal fireworks

Indications have emerged that a legal tussle may begin following directions of Saturday’s presidential election results from Abuja, the Federal Capital Territory (FCT).

Both candidates of All Progress Congress (APC) and Peoples Democratic Party (PDP) are yet to score 25 percent in the FCT.

Peter Obi, candidate of the Labour Party( LP) had scored 281,987 votes or 62% of the total votes cast, while Bola Tinubu, the APC candidate scored 90,902 votes or 20% and Atiku Abubakar of the PDP scored 73,743 votes or 16% of the total votes.

But the Nigerian constitution chapter six, section 134 which deals with election prescribes that a presidential election is won in the country if a candidate has “the majority” of votes cast at the election, and has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the States and the Federal Capital Territory, Abuja.

Read also: Despite apologies, INEC yet to upload half of results

Last month, Olisa Agbakoba, a Senior Advocate of Nigeria had raised questions about the interpretation of the section.

“Does this mean that the Federal Capital Territory, Abuja is incorporated in the 24 States? Or…does it mean that the presidential candidate must also score not less than one-quarter of the votes cast at the election at the Federal Capital Territory, Abuja?” Agbakoba asked.

“Can a candidate that scored not less than one-quarter of the votes cast at the election in 36 States of the Federation but fails to score one-quarter of the votes cast at the election at the Federal Capital Territory, be duly elected as President of Nigeria?”

On the other hand, in one of his interviews on Arise TV before Saturday’s election, Mike Igini, the Resident Electoral Commissioner, INEC for Akwa-Ibom, said a candidate has to win 24 states and the FCT.
“Apart from having 25 percent on 24 states, of the federal republic of Nigeria, the FCT is like a compulsory question,” Igini said.

“… FCT, you can’t have 25 percent, you go nowhere. This is important.”

“The provision of 134, section 2B of the Nigerian Constitution states that NO PRESIDENTIAL CANDIDATE CAN BE DECLARED PRESIDENT WITHOUT GETTING 25% IN THE FEDERAL CAPITAL TERRITORY”

– Mike Igini (Resident Electoral Commission for Akwa Ibom) pic.twitter.com/GXb3BETfMT

— SportsDokita (Odogwu ☝️) (@Sports_Doctor2) February 28, 2023

In contrast, Clement Nwankwo, executive director, Policy and Legal Advocacy Centre, (PLAC) said when it comes to elections, the FCT. Is regarded as a state and is treated as such.

“In the light of section 299 of the Nigerian Constitution, Abuja/FCT is regarded as a State. As the section provides: ‘The provisions of this Constitution shall apply to the Federal Capital Territory, Abuja as if it were one of the States of the Federation…’ This will mean therefore that for the purpose of deciding what constitutes two-thirds of Nigeria’s States, the total number of States will be calculated on the basis that there are thirty-seven States,” Nwankwo said.