Election Outcome in Doubt: Tinubu Falls Short of 25% Vote Requirement in Federal Capital – Prof Adewale

After the 2023 election, the failure of Asiwaju Bola Ahmed Tinubu to secure 25% of the vote in the Federal Capital Territory (FCT) posed a significant challenge. The opposing party alleged that the APC candidate did not meet the minimum requirement of 25% of the vote, which the Independent National Electoral Commission (INEC) needed to declare him as the winner. Professor Adewale Oladipo, a former national secretary of the Peoples Democratic Party, argued that the relevant provision of the law was clear and unambiguous.

According to him, if the word “including” had been used, the interpretation of the law would have been different. However, he pointed out that the word “and” used in this context meant that the election winner must obtain 25% of the vote in the FCT for INEC to declare them victorious. He raised concerns that Tinubu may not have recognized this issue. On the other hand, some Senior Advocates contended that the Federal Capital Territory should be treated as just another state in terms of electoral calculations, based on legal considerations.

“When examining the constitutional provision, it states that to be declared President, a candidate must obtain 25 percent of the votes in at least two-thirds of the states in the federation and the FCT,” he explained. Since the law does not specify a “including,” the Winner must acquire at least 24 states plus the FCT. From what I can gather from elementary grammar, a winner must score at least 25% in FCT. I haven’t verified the declared candidate’s results, but if he received less than 25% of the vote in the FCT, a problem arises.

Source: Tribune paper

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