the president-elect, has stated that it is not mandatory for a candidate to
score 25% of the votes in the Federal Capital Territory (FCT) in order to
become president. Tinubu’s stance was outlined in a preliminary objection filed
against a petition by the Labour Party (LP) and its presidential candidate,
Peter Obi, at the Presidential Election Petitions Tribunal in Abuja. The LP,
along with several other political parties, has argued that Tinubu and the APC
did not secure the 25% of total votes cast in the FCT, as required by Section
134(2)(b) of the Nigerian Constitution, and were therefore ineligible to be
declared president.
Tinubu’s
legal team, led by Wole Olanipekun (SAN), responded by stating that the
Nigerian electoral system is not based on an electoral college, specifically as
it relates to the FCT. The legal team argued that FCT residents do not have any
privileges or advantages that are not accorded to citizens of Nigeria from
other communities, ethnic groups, and places of origin. Tinubu further noted
that the FCT was created by adjusting boundaries and excising land from
neighboring states such as Kwara, Niger, Plateau, and Kaduna.
Tinubu also
maintained that a United States District Court order, which had ordered the
forfeiture of $460,000 in his Heritage Bank account linked to narcotics and
money laundering allegations, cannot be enforced in Nigeria as it was not an
offense created by an Act of the National Assembly. Tinubu argued that the
petition by the LP and its presidential candidate had failed to disclose any
disqualifying factors as prescribed by Section 137(1)(d) and (e) of the
Nigerian Constitution.
In related
news, the governor of Benue State, who had challenged the outcome of the
state’s gubernatorial election, withdrew the case in the interest of peace.
However, the PDP governorship candidate in the state vowed to reclaim his
mandate in court.
