Bola Tinubu of the All Progressives Congress (APC) was declared the winner of the recently ended presidential election by the Independent National Electoral Commission (INEC), according to Micheal Aondoakaa (SAN), a former minister of justice and attorney general of the federation.
According to NaijaNews, INEC pronounced the APC presidential candidate the winner of the elections on February 25th with more than eight million votes.
Appearing on AriseTV, Aondoakaa argued that it was unlawful to appoint someone as president of the Federal Republic of Nigeria if they did not receive the 25% of votes necessary in the Federal Capital Territory as required by the constitution.
The former minister noted that the Supreme Court had construed the word "And" conjunctively in a comparable case back in 2008, making it a prerequisite for anyone wishing to become President of the Federation.
He claimed that since the case was resolved fourteen years ago, the law has not altered.
The top court will have to interpret that part of the Constitution afresh, according to the prominent Nigerian attorney.
According to the Stare Decisis theory, the Supreme Court is entitled to overturn its earlier ruling or to uphold it, he said.
Aondoakaa continued by charging INEC with going against its own rules by delaying uploading the election results from the polling places to its system.
The Supreme Court is mindful of a party adhering to its own standards, and INEC's guidelines are even more so because they have a constitutional flavor, he claimed.
They must provide the tribunals with a valid justification for their deviation from the rules, as well as evidence that doing so did not invalidate the outcomes.
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