Micheal Aondoakaa (SAN), a former Minister of Justice and Attorney General of the Federation, has stated that the Independent National Electoral Commission (INEC) erred in declaring Bola Tinubu of the All Progressives Congress (APC) as the victor of the recently ended presidential election.
According to news reports, INEC pronounced the APC presidential candidate the winner of the February 25th polls with over eight million votes.
Aondoakaa stated on Arise TV that it was unlawful to declare someone President of the Federal Republic of Nigeria if they did not receive the constitutionally requisite 25% of votes in the Federal Capital Territory.
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In a similar case in 2008, the Supreme Court construed the phrase “And” conjunctively, making it a required requirement for anyone hoping to be President of the Federation, according to the former minister.
He stated that the law has not altered since the case was resolved fourteen years ago.
According to Nigeria’s senior counsel, the Supreme Court would have to re-interpret that portion of the Constitution.
“The Supreme Court has a right to defeat their previous decision or stand by it according to the doctrine of Stare Decisis,” he said.
Aondoakaa went on to accuse INEC of breaking its own norms by refusing to upload election results straight from polling stations to its system.
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He said: “The Supreme Court is conscious about a party following its own guidelines and how much more INEC whose guidelines have a Constitutional Flavour.
“They will need to have a good reason to be told to the tribunals why they deviated from their guidelines and they must justify that deviating from those guidelines did not invalidate the results.”
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