The Independent Electoral Commission (INEC) has argued that, as against the request by the presidential candidate of the Peoples Democratic Party, (PDP), Alhaji Atiku Abubakar, and his party, he could not be declared winner by the tribunal because he failed to fulfill the constitutional requirement.
INEC, on Tuesday, told the Presidential Election Petition Court (PEPC) so, when it said that Sen. Bola Tinubu, presidential candidate of the all Progressives Congress (APC), won the Feb 25 election and was validly returned as winner.
INEC stated this in its reply by its lawyer, Abubakar Mahmoud, SAN, to the petition filed by the PDP and Atiku.
“The 1st petitioner (Atiku), failed to score, at least, one quarter of the votes cast in at least two-thirds of the 36 states of the federation and the Federal Capital Territory and as such could not have been declared the winner of the Presidential Election held on the 25th day of February 2023.”
As against the claim by the petitioners, INEC stated that “the election was conducted in substantial compliance with the Electoral Act, 2022 and was not marred by any corrupt practices.
‘That the 2nd respondent (Tinubu) was duly elected by a majority of lawful votes cast in the election and his declaration and return as winner of the presidential election conducted on the 25th day of February, 2023 is lawful, valid and in line with the Constitution of the Federal Republic of Nigeria and the Electoral Act, 2022.
“Having satisfied the requirements of Section 134 (2) (b) of the Constitution of the Federal Republic of Nigeria, 1999, the return of the 2nd respondent as the winner of the presidential election conducted on 25th February, 2023 is lawful, valid and constitutional.
“The 2nd respondent was at the time of the election qualified to contest the election.
“The petitioners neither scored the majority of the lawful votes cast at the election nor scored not less than one-quarter of the lawful votes cast in at-least two-thirds of the 36 states of the Federation and the Federal Capital Territory and therefore the 1st petitioner (Atiku) is not entitled to be returned as the winner of the presidential election conducted on Feb. 25.”
INEC, therefore, urged the court to dismiss the petition.
