Tag: Votes

  • By-election: Five parties struggle for 217, 980 votes in Ibadan North

    By-election: Five parties struggle for 217, 980 votes in Ibadan North

    The by-election to occupy the vacant House of Representatives seat in Ibadan North Federal Constituency holds today, Saturday.

    The by-election became necessary as a result of the death of the former occupant of the seat, Hon Musliudeen Olaide Akinremi.

    Akinremi, who died July last year, was a member of the All Progressives Congress (APC).

    The election is billed to take place in twelve electoral wards that make up the federal constituency.

    Recall 217, 980 prospective voters who have collected their Permanent Voters’ Cards will determine the fate of the candidates contesting the election.

    Five political parties and their candidates have been moving from one ward to the other to seek votes.

    The Independent National Electoral Commission (INEC), disclosed that only five political parties will participate in the election.

    The commission made this declaration on Wednesday.

    Resident Electoral Commissioner in the state, Dr Adeniran Rahmon Tella made this declaration during a media briefing in Ibadan, the Oyo State capital.

    He said that the commission monitored the primary election of seven political parties but only five political parties made the final list.

    Tella said, “The commission has met with various key Stakeholders ahead of the upcoming Bye-Election. We have met with all the registered Political Parties in the State. In line with the timetable, Party Primaries have been conducted and Seven (7) Political Parties were monitored by the Commission. Five (5) Political Parties made the final list published by the Commission.

    “The parties and candidates that scaled through and that will be contesting in this upcoming Bye-Election on Saturday are as follows: Hon. Akin Alamu Dexter Femi of African Democratic Congress (ADC), Hon. Olatunji Haastrup Adewale of All Progressive Congress (APC), Hon. Odususi Olajumoke Olabisi of All Progressive Grand Alliance (APGA), Hon. Oyekunle Fola Sunday of Peoples Democratic Party (PDP) and Hon. Hammed Badmus of Zenith Labour Party (ZLP) respectively”.

    Five candidates sign peace agreement

    Before today, all the five candidates signed a peace accord.

    The peace accord was signed by the candidates at the INEC office on Wednesday.

    The event was attended by representatives of the political parties, security chiefs and other stakeholders.

    The five candidates who signed the peace agreement are: Dexter Femi Akin-Alamu from African Democratic Congress (ADC), Adewale Haastrup Olatunji from All Progressives Congress (APC), Olabisi Olajumoke Odususi from All Progressives Grand Alliance (APGA), Fola Sunday Oyekunle from Peoples Democratic Party (PDP) and Hammed Badmus from Zenith Labour Party (ZLP).

    The REC, Mr Tella, while addressing the gathering, noted that the essence of the peace accord is to foster unity.

    He added that the commission was committed to conducting a credible election.

    He said, “On behalf of the Independent National Electoral Commission, it is my pleasure to welcome you all to this significant event -the official signing of the Peace Accord for Ibadan North Federal Constituency Bye-Election.

    “This gathering demonstrates your commitment to promoting peace, stability and credibility in the electoral process. The signing of this Peace Accord is a crucial step towards ensuring a free, fair and transparent election.

    “As we embark on this critical process. I urge all stakeholders to adhere to the principles outlined in the Peace Accord. Let us work together to create an environment that allows voters to exercise their rights without fear or intimidation.

    “You all witnessed the official signing of the “Peace Accord” by these Political Party Flagbearers and their Parties participating in the upcoming Bye-election on Saturday. The essence of which is to foster a conductive environment for voters to exercise their rights, ultimately contributing to the legitimacy and credibility of the electoral process.

    “The Commission had constant engagements with the members of Inter Agency Consultative Committee on Election Security (ICCES) with the Commissioner of Police as the lead Security Agency in this regard. Assurances have been made to ensure safety, protection of lives and property of the electorate before, during and after the conduct of the coming election.

    “However, there will also be restriction on movement (except for Voters, Poll Officials) in the affected places within Ibadan North Federal Constituency beginning from 12:00 midnight prior to this coming Saturday’s election.

    “There will also be restriction on movement in Twelve (12) Registration Areas/ Wards in Ibadan North Federal Constituency which are: Ward I (Islamic Mission Primary School, Odoye) Ward II (St Stephen Primary School, Inalende), Ward III (Salvation Army Primary School Yemetu), Ward IV (Methodist Primary School, NTA), Ward V (Ikolaba High School, Ikolaba), Ward VI (St Gabriel Grammar School, Mokola), Ward VII(St Louis Grammar School, Mokola), Ward VIII (Chesire High School, Ijokodo), Ward IX C&S New Eden Primary School, Mokola), Ward X (Immanuel College Primary School, Samonda) and Ward XII which is (Methodist Primary School, Bodija) respectively.”

  • In Nigeria we can’t get accurate count of votes – Jonathan reveals

    In Nigeria we can’t get accurate count of votes – Jonathan reveals

    Former President Goodluck Jonathan has said the Nigerian electoral system cannot get accurate votes during elections in the country.

    He made the revelation on Tuesday at the YIAGA Africa Reflection Conference on Democratic Elections in West Africa held in Abuja.

    Jonathan noted that without strong and ethical leadership in electoral management, the electoral system would remain flawed.

    He said: “In Nigeria, you can’t get an accurate count of votes because I believe that we have too many ghost voters.

    “We must have credible people. From what (ex-INEC Chairman, Attahiru) Jega said, political leaders who are so domineering will pressurise you to do what is wrong; you should be able to resign and leave. You should be able to resign and walk away, please.

    “If we don’t have this kind of people, then we are in trouble. And I don’t want any INEC official to say I was pressurised. If you are accepting to be Chairman of INEC or to be a commissioner of INEC, then you should be ready to say, ‘If I’m pressurised to do what is wrong, I will take care of the democratic people and walk away’.

    ‘’And if we don’t have such people managing our electoral management bodies, if what we have are people who will continue to go in a circle, we will not get what we want.”

    He called for a robust electoral system that works to ensure credible elections.

  • ONDO guber: Aieyedatiwa votes, confesses he’s at advantage

    ONDO guber: Aieyedatiwa votes, confesses he’s at advantage

    Governor Lucky Aiyedatiwa of the All Progressives Congress (APC) has voted in the Ondo governorship election. The governor also confessed he is at advantage in the ongoing election.

    Aiyedatiwa cast his ballot at his Polling Unit 5, Ugbo Ward, 4 Obenla community in Ilaje Local Government Area of the state at around 8:50 am.

    After voting, he described the election as peaceful, hailed the turnout of voters for the exercise, and was confident of winning the election.

    With what we have done for the last 10 months, the populace, the voters, like I said, they know who they want,” the governor said.

    “I believe I’m in an advantaged position to win this election because of the work that I have done in the last 10 months since I assumed office as the governor of the state. We traversed the entire 18 local governments; and visited communities all across.”

    In my community, it is peaceful and turnout is very, very encouraging. And I want to believe that the same situation would be at other locations across the state. It’s peaceful here,” he said.

    According to him, security operatives deserve commendation for their role in the conduct of the election.

    I want to commend the security agency, the police, the civil defense, and the military in the background. They are heavily deployed to be able to attend to any security threat and I believe the people comport themselves,” the governor said.

    “We are peaceful people in Ondo state. Ondo State has been judged to be one of the most safest and peaceful states in Nigeria.”

  • Edo: Many LP members sold their votes, the election was a transaction- Akpata laments

    Edo: Many LP members sold their votes, the election was a transaction- Akpata laments

    The Labour Party guber candidate in Edo State, Olumide Akpata, has stated that his some of his party members sold their votes.

    He also faulted the outcome of the September 21 poll, saying it was marred by irregularities.

    Akpata stated this during an interview with a national TV station saying his legal team are compiling evidence and will determine whether or not to challenge the election result in court.

    “It is a decision that the Labour Party and I will have to take jointly whether or not we will challenge the outcome of the election,” he said.

    “I am going to be meeting with my lawyers, the Labour Party will also be meeting with its lawyers and then we will come to a decision whether or not we will be challenging the outcome of the election.

    “It is important for me to take a back seat and allow my lawyers based on the evidence that we have and the evidence that is still being collected to make the determination on my behalf.”

    Recall on Sunday, the Independent National Electoral Commission (INEC) declared Senator Monday Okpebholo of the All Progressives Congress (APC) the winner of the keenly contested poll.

    Okpebholo raked in 291,667 votes to defeat the candidate of the Peoples Democratic Party (PDP) Asue Ighodalo, who garnered 247,274 votes. Akpata came a distant third with 22,763 votes.

    But the former President of the Nigerian Bar Association (NBA) faulted the process that produced Okpebholo as the governor-elect.

    He alleged without evidence that both the PDP and APC were involved in vote buying, adding that what transpired on September 21 was a transaction and not an election.

    According to Akpata, some LP members sold their votes.

    “I am not saying that we won the election. I am saying there was no election, there was a transaction. It is very difficult to say who would have won or lost.

    “300,000 votes by our estimation were bought by the two parties actively participating in that bazaar. That is enough to swing any election.

    Some stayed at home but a large number (of voters) came out and sold their votes. What happened was a tragedy. Members of my party sold their votes,” he added.

  • Presidential poll petitions: Sticky issue of 25% votes in FCT – By Ehichioya Ezomon

    Presidential poll petitions: Sticky issue of 25% votes in FCT – By Ehichioya Ezomon

    There’s a saying: “If it looks like a duck, walks like a duck, swims like a duck, and quacks like a duck, then it probably is a duck.”

    This appears to summarise section 299 of Nigeria’s amended 1999 Constitution that designates the Federal Capital Territory, Abuja, “as if it were one of the States of the Federation.” That’s, if the FCT mimicks a State, then it’s a State!

    This is one of the knotty issues that Justices of the Presidential Election Petitions Court (PEPC) are called upon to untie, by not mere application of the laws, but doing substantial justice to all parties before them.

    The main opposition candidates in the February 25, 2023, presidential election have filed petitions in the court, to nullify the return of former Lagos State Governor and candidate of the All Progressives Congress, Bola Ahmed Tinubu, as winner and President-elect.

    Former Vice President Atiku Abubakar of the Peoples Democratic Party, and former Anambra State Governor Peter Obi of the Labour Party claim they each won the poll, and should be returned elected and sworn in as President of the Federal Republic of Nigeria.

    Atiku and Obi’s complaints and prayers are contained in separate filings lodged on March 21 and March 20, respectively.

    Atiku lists INEC, Tinubu and APC as 1st, 2nd and 3rd Respondents, and has option for fresh poll between him and Tinubu.

    While Obi lists INEC, Tinubu, Shettima and APC as 1st, 2nd, 3rd and 4th Respondents, he urges that Tinubu be barred from a repeat election.

    Hence their demands vary only in style and language, but both seem to pull the same strings: calls to cancel the prior poll, and order a fresh one, as a last resort.

    Below are some of the claims in which Atiku and Obi ask the court to order the Independent National Electoral Commission to withdraw the Certificate of Return it awarded Tinubu, as winner of the election:

    (1) Tinubu wasn’t validly elected at the APC primaries, as his running mate, Kashim Shettima, violated the laws as a nominated candidate for Senate and President at the same time.

    (2) Tinubu wasn’t qualified to contest having been fined for drugs offences by a U.S. court (3) For reasons of (1) and (2), the votes credited to Tinubu are wasted votes.

    (4) Tinubu didn’t score majority of lawful votes (5) Tinubu didn’t comply with the laws, as he failed to secure one-quarter (25%) of the votes cast in at least 24 States and the FCT, Abuja.

    (6) INEC breached the relevant laws, regulations and guidelines by failing to transmit results from the polling units electronically, and in real time.

    (7) INEC reduced the votes of the petitioners, and added votes to Tinubu’s scores, which they pledge to prove with polling unit results and Forensic reports during court proceedings (8) The election was marred by corrupt malpractices.

    In the results announced by INEC, Tinubu won the poll in 12 states, scored 8,794,726 votes, and secured one-quarter (25%) of the votes cast in 27 of 36 States – that’s three States more than the 24 required by law.

    The INEC Chairman and Chief Returning Officer for the poll, Prof. Mahmood Yakubu, declared Tinubu winner and President-elect.

    But Atiku, who won in 12 states, polled 6,984,520 votes, and secured 25% in 17 states; and Obi, who claimed 11 states, scored 6,101,533 votes, and secured 25% in 15 states, disagreed with INEC’s returns.

    They argue in their petitions that Tinubu didn’t meet requirements of the law, viz: 1999 Constitution (as amended), and Electoral Act 2022.

    Among the issues raised is a potential boobytrap for a candidate not securing one-quarter of votes cast in at least 24 States and the Federal Capital Territory, Abuja.

    What does the Constitution say about election of two or more Presidential candidates? Let’s look at section 134(2)-(4) that deals with the scenario of February 25. “134(2) A candidate for election to the office of President shall be deemed to have been duly elected where, there being more than two candidates for the election–

    (a) he has the highest number of votes cast at the election; and

    (b) he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja.

    (3) In default of a candidate duly elected in accordance with subsection (2) of this section, there shall be a second election in accordance with subsection (4) of this section at which the only candidate shall be–

    (a) the candidate who scored the highest number of votes at any election held in accordance with the said subsection (2) of this section; and (b) one among the candidates who has a majority of votes in the highest number of States, so however that where there are more than one candidate with a majority of votes in the highest number of States, the candidate among them with the highest total of votes cast at the election shall be the second candidate for the election.

    (4) In default of a candidate duly elected under the foregoing subsections, the Independent National Electoral Commission shall within seven days of the result of the election held under the said subsections, arrange for an election between the two candidates and a candidate at such election shall be deemed to have been duly elected to the office of President if–

    (a) he has the highest number of votes cast at the election; and

    (b) he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja.”

    Going by INEC’s declaration, Tinubu secured not less than 25% in at least 27 States. But he secured 19% in the FCT, which Obi, who scored 59% there, places heavy weather on.

    The implication of this is that if the court pronounced the FCT as a State, and Tinubu scored 19% of votes there, his victory would be annulled, and a second poll organised between him and Atiku, who’s runner-up to Tinubu.

    In that case Obi – the second runner-up – would be out of the race. This may explain his plea to bar Tinubu from any fresh poll, so he (Obi) and Atiku would duke it out.

    That circumstance would present two candidates appealing to ethnic and religious sentiments, with Atiku guaranteed the Presidency without breaking any sweat. Inevitably, power would elude the South – and remain in the North – after President Muhammadu

    Buhari would’ve completed his eight-year tenure on May 29, 2023.

    This brings us to the burning issue: Is the FCT, Abuja, a State – as defined by sections 2(2), and 3(1), (3) of the 1999 Constitution?

    While section 2(2) states that, “Nigeria shall be a Federation consisting of States and a Federal Capital Territory,” and section 3(1) lists the 36 States (excluding the FCT); section 3(3) states that, “The headquarters of the Government of each State shall be known as the Capital City of that State…”

    If the FCT, Abuja, is a State, what’s the name and location of its Capital City in the Territory?

    Proponents easily refer to Section 299 of the Constitution, to justify their claim that the FCT is a State.

    Section 299 states that: “The provisions of this Constitution shall apply to the Federal Capital Territory, Abuja as if it were one of the States of the Federation…”

    Section 299(a) states that all legislative, executive and judicial powers vested in the House of Assembly, the Governor and the courts of a State shall, respectively, vest in the National Assembly, the President and in the courts… established for the FCT, Abuja.

    Section 297(2) vest “ownership of all lands… in FCT, Abuja in the Federal Government,” as if the area is a State, as all lands in a State is vested in the Governor.

    Section 300 says that the FCT, Abuja, shall constitute “one Senatorial district…” (and not one State, as purports section 299).

    Section 301 says without prejudice to section 299 in its application to the FCT, Abuja, this Constitution shall be construed as if–

    (a) references to the Governor, Deputy Governor and executive council of a State… were references to the President, Vice President and the executive council of the Federation, respectively.

    Ditto for (b): that references to the Chief Judge and High Court Judges of a State were references to the Chief Judge and Judges of the High Court established for the FCT, Abuja.

    Section 302 says the President may… by section 147 of the Constitution… appoint for the FCT, Abuja “a Minister who may exercise such powers and perform such functions as may be delegated to him by the President, from time to time.”

    Did the framers of the Constitution truly envisage a President doubling as Governor of the Federal Capital Territory, Abuja, where Ministers and other officials act as Commissioners and officials of a State Government?

    Despite the posturing, the FCT is akin to a “Protected Area” of the Federation administered by organs of the Federal Government.

    Will the Justices of the Presidential Election Petitions Court arrive at a contrary decision? They certainly have their work cut out for them, to deliver substantial justice to all parties to the petitions!

  • Kano governorship election results: Again, NNPP overtakes APC leading by 3000 votes

    Kano governorship election results: Again, NNPP overtakes APC leading by 3000 votes

    The New Nigeria Peoples Party, NNPP has returned to the top in Saturday’s governorship election in Kano State.

    The opposition party, which was in the early lead when collation began on Sunday, lost marginally to the ruling All Progressives Congress (APC) as of the time the exercise was suspended for an hour break.

    But by the time collation resumed with the 23rd local government area, Abba Kabir Yusuf of the NNPP was leading the gubernatorial candidate of the APC, Nasir Gawuna, with 3,037 votes. While Yusuf polled 388,678 votes, Gawuna trailed with 385,098 votes, leaving a margin of 3,580 votes.

    Details shortly…

  • Why Tinubu needs 25% votes in FCT to be president – By Anietie Usen

    Why Tinubu needs 25% votes in FCT to be president – By Anietie Usen

    By Anietie Usen

    I am not a lawyer. My first daughter and first son are. But that does not convey to me any scintilla or atom of knowledge of the law and the technicalities thereof. I have two degrees only in political science and have attended many executive leadership courses in Harvard Business School, Oxford Business School, Wharton Business School, Manchester Business School, Boston Business School, and of course our own prestigious Lagos Business School. So I can at least lay claim to common sense. By the way, Common Sense was my nickname way back in my University of Calabar days decades ago.

    Common sense tells me that many premeditated wrongdoings took place on February 25, 2023, during the presidential election in which Bola Tinubu, the presidential candidate of the ruling APC government, was hastily declared the winner. So much has already been said and written in the local and international media about the embarrassingly abysmal performance of the Independent Electoral Commission, INEC, and how the hitherto efficient INEC computers and servers mysteriously and disgracefully collapsed in their moment of glory, even as all eyes globally were riveted on Nigeria. The shame is still boldly written on the faces of INEC officials, as they struggled vaguely in vain all week to explain to the world on Cable TV how a phantom computer ‘glitch’ visited them with colossal failure at the edge of their breakthrough.

    However, Nigerians and the international community are no longer in doubt of the identity of the or ‘glitch’ or ‘glitches’ at INEC, on a day the entire hope of a nation was pinned on the electoral umpire. ‘Glitch’, we now know, is not rocket science or anything hi-tech. Based on video evidence and the plethora of similar complaints from a multitude of Polling Units across the country, the ‘glitch’, many now know, must have been a man and woman in INEC, who simply strolled into the Server Room of INEC and switched off the servers that were connected to the portal of the presidential elections result. In virtually all cases, the Polling Unit officials were able to upload the results of the National Assembly elections stress-free, but curiously they could not upload the results of the presidential elections. I call it ‘selective glitch’, defined as a veritable equivalence of selective amnesia, during which attempts to pull a wool over the eyes of Nigerian electorates floundered.

    In any case, the big question for me is: at whose expense should INEC’s so-called ‘glitch’ be? At my expense? Who pays the price for the blundering and fumbling at INEC? The candidates who traversed the length and breath of the country and their constituencies at great cost to persuade electorates? Or the poor innocent electorates who laboured for hours on end at polling units to cast their votes and their votes were not electronically counted nor transmitted to INEC as required by law? Who pays the high price for the failure or sabotage or both at INEC? Should Nigerians simply look the other way and celebrate the historic failure that INEC and its paymasters wrought? INEC and its cohorts must pay for this mess. Or must the weather-beaten, battered and beleaguered Nigerians continue to pay everyday for every mess of their leaders?

    This is however not the subject matter of my interrogation. My concern is that in declaring Tinubu as the president-elect, someone obviously dropped the ball and left a fly in the ointment. Tinubu was fortunately or unfortunately denied the required 25% votes in the Federal Capital Territory, FCT, as required by the Constitution of Nigeria. He is the first ever president-elect in Nigerian history to score below 25% in the FCT. This put a bold question mark not just on his popularity but also his electability.

    Specifically, Section 134 (2) of the Constitution says: “A candidate for an election to the Office of President shall be deemed to have been duly elected where, there being more than two candidates for the election: (a) he has the highest number of votes cast at the election; and (b) he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the states in the federation and the Federal Capital Territory, Abuja”.

    This section of the constitution is written in very simple English. But Nigerians are bracing up for their lawyers to split hairs over it and smile their way to the banks in the process. But common sense tells us that our constitution certainly requires 25% of votes in the FCT for Tinubu or any presidential candidate, to be declared president-elect. To say that the constitution does not require 25% votes from the winner of a presidential election in FCT as some have argued, is to say that citizens and residents of the FCT do not matter in determining a Nigerian president. It means they are irrelevant in such an important democratic responsibility. It may also cast the FCT people and residents in the image of outcasts, second class citizens or perhaps strangers, with no stake in determining the leader of their country.

    The question then is: If their votes are irrelevant in the determination of who rules Nigeria, why for God sake, were they required to register and vote in the presidential election. If their votes would not count in the final verdict, why did INEC provide polling units, ballot materials, election officials and security to ensure that they voted in the presidential election. Why were FCT citizens and residents allowed to spend upwards of 12 hours under sun and thunderstorms just to cast a ceremonial vote? For me, this ought to be the ultimate injustice and insult to FCT indigenes and residents, if the Nigerian courts are talked into and arm-twisted to rule against the fundamental right of its people.

    There are more questions than answers to this attempt to disenfranchise bona fide Nigerians in the FCT. Who disqualified the good people and residents of the FCT from being heard? The constitution? Or is someone telling us that FCT indigenes are partial and half-Nigerians after they had sacrificed their God-given land, their livelihoods and their unique identity to host the seat of power in Nigeria. Are they about to be deprived of their equal rights with other Nigerians to matter in the election of their president? Nigerians want to know whether the FCT votes of February 25, 2023, was a mere ceremonial exercise in futility? Why would the votes of other parts in Nigeria be quantified and pecked at 25% and FCT votes would be discarded? Common sense tells me that if there is any part of Nigeria that more than requires these irreducible minimum percentage of votes, it must be the FCT, the seat of the federal government, from where the president rules the rest of the country.

    I also believe that if the constitution did not intend a 25% vote for the winner of the presidential election in FCT, it would have been so expressly stated that 25% votes does not apply to the FCT. Instead, the constitution expressly stated and grouped the FCT along with 24 States (two-thirds Of 36) in the same sentence, in the same section of the constitution. It simply means that 25% votes in FCT is a constitutional requirement that Tinubu must meet to be declared the president-elect. And he did not.

    As a matter of fact, the constitution of Nigeria provides not just for the election of a president by the FCT indigenes and residents. It also provides for election of a Senator and two members of the House of Representatives , HoR, by the same FCT indigenes and residents. These three members of the National Assembly from the FCT, says the Constitution, should be elected by a ‘simple majority’ of votes. This same provision of ‘simple majority’ applies exactly to the election of National Assembly members in all 36 States of Nigeria. In other words, the rules that apply for the election of senators and HoR members in the 36 States also apply 100% to FCT. Why would the same constitution turn around to make a separate rule in the presidential election to exclude the FCT? Why would the constitutional requirement for the election of National Assembly members in FCT be exactly the same across the country and the case of the presidential election would not be the same across the country? It is certainly the same. A presidential candidate must win at least 25% in the FCT.

    For me, this is a matter of common sense, with fundamental consequences and implications for our rights and privileges as Nigerians. The truth and sincerity of Nigerian justice is also at stàke here. A lawyer friend of mine once told me authoritatively that there are three types of truth; first the truth, secondly the whole truth and thirdly nothing but the truth. Well, I told him he was wrong because he excluded the gospel truth.

    The gospel truth is that Tinubu failed to meet the constitutional requirement to be president-elect of Nigeria. To complicate matters for him, the ruling APC government and INEC, in their determinant counsel and hurry to force him on Nigeria, left a lot of trails which our judiciary should be able to trace, all the way to justice. Trace the trails and justice shall be done in no time.

    *Anietie Usen is a multiple award-winning journalist, author, and technocrat.

  • The controversy over 25% votes in 2/3 of 36 states AND Abuja – By Enyeribe Anyanwu

    The controversy over 25% votes in 2/3 of 36 states AND Abuja – By Enyeribe Anyanwu

    By Enyeribe Anyanwu

    The presidential candidate of the All Progressives Congress (APC), Ahmed BolaTinubu was in the early hours of March 1, 2023 declared the winner of the Nigerian presidential election of February 25, 2023. The declaration sparked widespread controversy and discontent across the length and breadth of the country. 

    One of the numerous reasons for the controversy and opposition to the INEC’s declaration is the constitutional requirement that a candidate must obtain 25% of the votes cast in 2/3 of the 36 states and the Federal Capital territory, Abuja, in addition to receiving the greatest number of popular votes cast in the election.

    Though Tinubu was declared as having scored the highest number of votes cast in the election and also polled at least 25 per cent of the valid votes in 12 states in line with the Constitution, he failed to secure 25 per cent of votes in the FCT.

    Specifically, Section 134 (2) of the Nigerian Constitution states: “A candidate for an election to the Office of President shall be deemed to have been duly elected where, there being more than two candidates for the election: (a) he has the highest number of votes cast at the election; and (b) he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the states in the federation and the Federal Capital Territory, Abuja.”

    Many who fault the INEC’s declaration of the APC candidate as winner insist that Tinubu did not win 25% of votes in Abuja and, therefore, cannot be declared winner of the presidential election. 

    According to some legal luminaries who have lent their voices to this controversy, the winner of the presidential election must receive 25% of votes in Abuja in addition to winning 12 states of the federation. But to others who are in support of INEC’s declaration, winning Abuja or getting 25% of votes there does not matter. They regard the ‘and’ in the clause as of to no effect. But is that so?

    While the constitutional clause may be seen as requiring judicial interpretation, it is equally important to understand the meaning of the conjunction ‘and’ as well as its function in a sentence.  This is because no matter how the learned gentlemen would like to interpret the word or the meaning they would want to ascribe to it, the word ‘and’ as a conjunction will remain what it, and will continue to perform its function in a sentence.

    As an old English graduate, I have had to delve into my voluminous grammar books and the dictionary to take another look at the conjunction ‘and’. Reassuringly, the word has not changed in meaning and usage, despite the modern day onslaught on the Use of English.  

    Merriam Webster dictionary defines ‘and’ as a word “used as a function word to indicate connection or addition especially of items within the same class or type”. It goes further to explain that the word is used “to join sentence elements of the same grammatical rank or function”. Still explaining further, the dictionary states that the word is “used as function word to express logical modification, consequence, antithesis, or supplementary explanation”.

    And according to the authoritative “English Grammar Composition and Correspondence” by M.A Pink and S.E Thomas, ‘and’ is a co-ordinating conjunction used to connect words or phrases or clauses that are of equal rank, and are, therefore independent of one another. Herein lies the true meaning and function of the English word ‘and’. This presupposes that “two-thirds of the all the states in the federation” and “the Federal Capital Territory, Abuja” are phrases of equal rank. Hence the controversial clause can be broken into:

    1. A candidate for an election to the office of the president shall be deemed to have been duly elected where, being more than two candidates for the election, 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.
    2. A candidate for an election to the Office of the President shall be deemed to have been duly elected where, there being more than two candidates for the election, he has not less than one-quarter of the votes cast in the Federal Capital Territory Abuja.

    These two sentences show the power of ‘and’ as a conjunction, as it joins words, phrases and clauses of equal strength. It is very clear that the constitutional clause makes it clear that a presidential candidate must win the Federal Capital Territory, Abuja to be declared winner. This, no doubt, is the mind and intent of the framers of the constitutional clause.

    That the Federal Capital Territory, Abuja is not listed as a state shows its unique status. The use of ‘and’ to join it with other states in the clause underscores this unique status, making it of equal rank with the states. This makes it mandatory for a presidential candidate to win the territory to be declared winner.

    Of all the legal luminaries that have analysed the issue, the submission of Emeka Ozoani, a Senior Advocate of Nigeria (SAN) hits the nail on the head. The senior lawyer insists that for any candidate to be constitutionally declared a winner of a presidential election in Nigeria, he or she must win in Federal Capital Territory (FCT).

    Apart from his legal interpretation, he draws from the grammatical function of ‘and’ as used in the contentious clause. Said the lawyer:

    “The interpretation of ‘and’ is in the issue. We submit that the word, ‘AND’ means ‘Conj’, ‘in addition’, ‘together with’, and ‘plus’. See Webster’s Universal Dictionary and thesaurus, Bedded and Grosset, P. 31. Also, ‘AND’ means, ‘generally, a cumulative sense, requiring the fulfilment of all the conditions that it joins together and herein, it is the antithesis of ‘OR’. See Stroud’s judicial dictionary of words and phrases, Seventh edition, VOL. 1, Daniel Greenberg, London Sweet and Maxwell, 2006, P 128.”

    All that the SAN has said is in line with the true meaning and function of ‘and’ in a sentence. Anything outside this interpretation is a deliberate attempt to distort the truth –and an endorsement of fraud.

  • Presidential election: Atiku wins in Sokoto State with 288,679 votes

    Presidential election: Atiku wins in Sokoto State with 288,679 votes

    The Peoples Democratic Party (PDP)  Presidential Candidate, Atiku Abubakar has emerged winner of  Saturday’s  Presidential election in Sokoto State with 288,679 votes.

    The State Collation Officer and Vice-chancellor of the Ahmadu Bello University (ABU), Zaria, Prof. Kabiru Bala, who presented the results in Sokoto on Tuesday said the All Progressives Congress (APC) polled 285,444 votes.

    Bala said that  Labour Party’s (LP) Presidential Candidate also scored 6,568 votes, while that of NNPP got 1,300 votes.

    Also, the Presidential Candidates of Accord Party (A) scored 115 votes, Action Alliance (AA) got 110 votes, AAC 128 votes, ADC 486 votes, ADB 1,105 votes and APGA 808 votes.

    Others are: APM 273 votes, APP 219 votes, BP 126 votes, NRM 681 votes, PRP 324 votes, SDP 120 votes, YPP 175 votes and ZLP 208 votes.

    He gave the state’s total registered voters as 2,037,024, number of accredited voters as 619,492 voters, total votes cast 607,890, valid votes as 586,815, while 21,015 votes were rejected.

    Bala further said 133 registration areas were cancelled during the process, which affected 271 polling units, involving 254,902 voter cards collected out of 301, 299 registered voters.

  • INEC boasts, we’ll announce election results swiftly

    INEC boasts, we’ll announce election results swiftly

    The Independent National Electoral Commission, INEC, has promised that the results of Saturday’s general elections will be announced swiftly.

    The INEC Chairman, Prof Mahmood Yakubu, on Friday, made this known to journalists in Abuja.

    He said, “I just want to say that we will ensure that result declaration will be done speedily. I can’t put a finger on the number of days or number of hours it will take but it will be done speedily. We are aware of the anxiety and the need for us to conclude the process quickly. It will be concluded quickly.”

    The INEC boss further disclosed it was not all operations of the commission were paid through cash by the Central Bank of Nigeria.

    According to him, the bulk of procurement for both goods and services was done electronically.

    He said, “But we need a small amount of money to pay for the unbanked who render critical services, particularly at the local level. We anticipated this challenge and interacted with the Central Bank; they promised us that the little amount we need to pay for services in cash, they will make the funds available to us and they have done so.

    “And these funds have already been accessed by our state offices for elections, which is why the movement of personnel and materials in the last couple of days has gone on unhindered. So, I must give credit for our relationship with the Central Bank in that regard. The process won’t suffer any encumbrance as a result.”