The Independent National Electoral Commission (INEC) has declared that Peoples Democratic Party (PDP) Presidential candidate Atiku Abubakar did not meet the constitutional requirements to be declared the winner of the February 25 election.
The commission urged the Presidential Election Petition Court (PEPC) to dismiss Atiku and his party’s petition.
It said: “The first petitioner (Atiku), failed to score, at least, one-quarter of the votes cast in at least two-thirds of the 36 states of the federation and the Federal Capital Territory (FCT) and as such could not have been declared the winner.”
As against the claim by the petitioners, INEC added: “The election was conducted in substantial compliance with the Electoral Act 2022 and was not marred by any corrupt practices.”
The commission said the President-elect Bola Ahmed Tinubu validly won the election.
INEC said the FCT is not accorded any special status in the constitution as being erroneously portrayed by some political parties and candidates who lost the election.
The umpire stated these in its reply to the petition by the PDP and Atiku.
“That the second respondent (Tinubu) was duly elected by a majority of lawful votes cast in the election and his declaration and return as the winner of the presidential election conducted on the 25th day of February 2023 is lawful, valid and in line with the Constitution of the Federal Republic of Nigeria and the Electoral Act, 2022.
“Having satisfied the requirements of Section 134 (2) (b) of the Constitution of the Federal Republic of Nigeria, 1999, the return of the second respondent as the winner of the presidential election conducted on 25th February 2023 is lawful, valid and constitutional.
“The second respondent was at the time of the election qualified to contest the election.
“The petitioners neither scored the majority of the lawful votes cast at the election nor scored not less than one-quarter of the lawful votes cast in at least two-thirds of the 36 states of the Federation and the FCT.
“Therefore, the first petitioner (Atiku) is not entitled to be returned as the winner of the presidential election conducted on 25th February 2023.”
INEC prayed the court to dismiss the petition.
The commission said the All Progressives Congress (APC) candidate met all the legal requirements to be so announced as the winner.
It argued that a candidate must not secure 25 per cent of votes in the Federal Capital Territory (FCT) to be declared the winner.
The response was filed on April 11 by its legal team led by the former President of the Nigerian Bar Association (NBA), Abubakar Mahmoud (SAN).
On why it returned Tinubu as the winner, INEC said the APC candidate (listed as the second respondent in the petition) “scored 25 per cent of the valid votes cast in 29 states of the federation.”