Victor EzejaWole Olanipekun, Counsel to President Bola Tinubu, has argued that the president’s failure to score 25 per cent lawful votes in the Federal Capital Territory (FCT) was not enough reason to nullify his victory in the February 25 election as declared by the Independent National Electoral Commission (INEC).
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He equally contended that removing Tinubu as president on account of 25 percent FCT votes could lead to a breakdown of law and order in Nigeria.
This was contained in his final written address in response to the petitions filed by the Labour Party’s candidate, Peter Obi and the PDP’s Atiku Abubakar at the Presidential Election Petition Court (PEPC).
“Any other interpretation different from this will lead to absurdity, chaos, anarchy and alteration of the very intention of the legislature,” Mr Tinubu’s lawyers led by Wole Olanipekun said in their final defence statement to the court.
He further said that the “courts have always adopted the purposeful approach to the interpretation of our Constitution, as exemplified in a host of decisions,” to avoid a situation that could lead to chaos.
“Even if there was no election in one State (including the FCT), or even if the election of a State/States (including the FCT) is/are voided, the entire election cannot be voided or canceled.
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“In concluding our arguments on this issue, we urge the court to hold that any election where the electorate exercise their plebiscite, there is neither a ‘royal’ ballot nor ‘royal’ voter; and that residents of the FCT do not have any special voting right over residents of any other State of the federation, in a manner similar to the concepts of preferential shareholding in Company Law.
“We urge this court to resolve this issue against the petitioners and in favour of the respondent,” the lawyers said.
The provision in a section of the Nigeria 1999 constitution which said a presidential candidate must score 25 per cent of votes in two-thirds of Nigeria’s 36 states and the Federal Capital Territory, has been a subject of controversy since the February 25 election.
Obi and Atiku had in their petitions challenged the declaration of Tinubu of the All Progressives Congress (APC) as winner of the February 25 presidential election.
Tinubu’s lawyer urged the tribunal to dismiss Obi and Atiku’s petition, arguing that they lack merit.
He described their arguments and testimonies of their witnesses as “frivolous, bogus and based on hearsay”.
Victor Ezeja is a passionate journalist with six years of experience writing on economy, politics and energy. He holds a Masters degree in Mass Communication.
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