As Nigeria eagerly awaits the collation of the just concluded presidential elections, citizens have been anxious to get a proper understanding of the part of the constitution that states that a presidential candidate must get 25% in 2/3 of Nigeria's 36 states and the Federal Capital Territory (FCT) to be declared the winner of the polls. It should be noted that during the collation of the presidential results for the FCT, Tinubu, who leads the race as it stands now, and his close opponent, Atiku, got below 25%.
However, a senior Nigerian advocate, Emeka Ozoani (SAN), has shed more light on the subject matter. While speaking to newsmen, he said, "Any presidential candidate who did not win the Federal Capital Territory, Abuja, cannot legally and constitutionally be declared the winner of the presidential election." The only available path to INEC is to call for a fresh nomination."
"Section 133(b), the last paragraph of the 1999 constitution of the Federal Republic of Nigeria, as amended, attests to this."
Further speaking, he said, "A critical analysis of Section 133(b) of the 1999 Constitution as amended on the declaration of a winner in a presidential election" said "the only interpretation to be founded on Section 133(b) of the 1999 constitution of the Federal Republic of Nigeria, as amended, is to the effect that for a candidate to be qualified to the office of the president, he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all states in the Federation and the Federal Capital Territory, Abuja, but where the only candidates fail to be elected in accordance with this section, then there shall be fresh nominations."
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Source: Nigerian Tribune.
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