Micheal Aondoakaa, SAN, a former Minister of Justice and Attorney General of the Federation, has criticized the decision of the Independent National Election Commission, INEC, to proclaim Bola Ahmed Tinubu the winner of the 2023 presidential election.
Aondoakaa argued that it was unconstitutional to appoint someone as President of the Federal Republic of Nigeria if they did not receive the constitutionally needed 25 percent of votes in the Federal Capital Territory.
The senior advocate of Nigeria stated as much when he appeared on Arise TV over the weekend to discuss the outcome of the presidential and national assembly elections. He also mentioned that in a similar case in 2008, the Supreme Court interpreted the word "And" conjunctively, making it a requirement for anyone aspiring to be President of the Federation.
According to him, the law has not altered since the case was resolved fourteen years ago, and it will be up to the Supreme Court to reinterpret that provision of the Constitution. In his words, "according to the doctrine of Stare Decisis, the Supreme Court has the right to overturn or uphold a previous ruling." INEC declared Bola Ahmed Tinubu, the candidate of the APC, the winner of the 2023 presidential election despite the uproar of Nigerians over alleged huge electoral fraud.
According to the former minister of justice, the election official broke its own procedures by neglecting to upload election results directly from polling places to its server. "The Supreme Court is cognizant of a party's adherence to its own standards, and even more so INEC, whose norms have a Constitutional Character," added the erudite silk.
"They will have to explain to the tribunals why they diverged from their guidelines, and they will have to demonstrate that the deviation did not invalidate the results," he said. He claimed that the election referee changed the rules mid-game, emphasizing that this will be a difficult matter to justify.
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