The triumph of any candidate in presidential election in Nigeria will be anchored on the provision of the Constitution, if it is strictly adhered, the relevant section of the Constitution of the fourth republic which is the extant law, under section 134(1) reads;
A candidate for an election to the office of President shall be deemed to have been duly elected, where, there being only two candidates for the election-
- a) he has been the majority of votes cast at the election; and
- b) he has not less than one-thirds of all the States in the Federation and the Federal Capital Territory, Abuja.
The concluded presidential election has raised a lot of eyebrows, considering the status of FCT, Abuja, which is the capital of Nigeria and administrative headquarters in Nigeria. INEC which is the body charged for overseeing elections in Nigeria, with the coming effect of Electoral Act, 2022, which received a positive reception, has arguable did not meet the expectations of Nigerians, while the aggrieved parties will approach court on the status, concerning the validity of Abuja, as a determinant of winner in a presidential election, failure to secure a 25% in the FCT will be a fatal blow to any presidential which will give room for run-off election, for the two top candidates at the exclusion of others.
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The Run off election will be concluded within 21 days from the date of the first election from the date of the declaration of the results for the first round of the election, Electoral Act, 2022 has unequivocally stated that candidates will be subject to sections 133, 134 and 179 of the Constitution. The interpretation of the sections are clear, it is through the oasis of these sections that a candidate in a presidential election can emerge. There is a contrary opinion to the provision by Femi Falana (SAN), he is of the opinion that a candidate in a presidential election can be declared a winner without necessary scoring up to 25% of votes cast in the Federal Capital Territory. He opined “section 299 of the Constitution said that the FCT shall be treated like a state,” He told Peoples Gazette, and he went on to add “therefore, the constitutional requirement for 25% in two-thirds state and the FCT only means that FCT be added to the 36 states to arrive at 37 states”.
Ridwan Oke, in his submission, stated that there will be rerun election if the candidate with the highest number of votes still fail to have the required 25 percent. While the interpretation of the sections ranges from legal opinions, it will be a proper test for the section when aggrieved parties will approach the court with other reliefs in company, any judicial statement from that will put to rest the wide interpretation of the section. The status of FCT will be determined, which will create a precedent for subsequent election matters arising thereof.
