Emeka Ozoani (SAN), a Senior Advocate of Nigeria, has stated that the Independent National Electoral Commission, INEC, should not have certified Bola Ahmed Tinubu, the presidential candidate of the All Progressives Party, APC, as the winner of the 2023 presidential election.
According to him, if a presidential contender does not win the Federal Capital Territory, he cannot be declared the winner legally or constitutionally.
In the just concluded presidential election, Bola Tinubu was unable to win the FCT. He lost Abuja against the Labour Party’s candidate, Peter Obi.
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“Any presidential contender who did not win Federal Capital Territory, Abuja, cannot legally and constitutionally be called the victor of the presidential Election,” the senior lawyer stated in a statement on Tuesday.
“The only available path to INEC is to call for a fresh nomination.”
“Section 133(b), last paragraph of the 1999 constitution of the Federal Republic of Nigeria, as amended attests to this,” the SAN told Newsmen.
According to the results read out by the Chairman of the Independent National Electoral Commission, INEC, Mahmood Yakubu, Tinubu polled a total of 8,794,726 votes, defeating his closest rivals and PDP candidates Atiku Abubakar and Peter Obi of the Labour Party, LP, who scored 6,984, 520 and 6,101,533 votes, respectively.
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The former Lagos State governor also received 25 percent of the votes cast in 24 states, as required by the Electoral Act 2022, as amended.
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