'It Is A Disjunctive Term When They Say 2/3 Of The Votes Cast In 36 States And The FCT' – Onueze Okocha

GLatestSeptember 10, 2023

1 minute read

Onueze Okocha, a former NBA President, has raised concerns regarding the interpretation of the Nigerian Constitution’s requirement for a presidential candidate to secure 2/3 of the votes cast in 36 states and the Federal Capital Territory (FCT). He argues that the FCT should not hold special status in determining presidential elections.

In an interview with TVC , Okocha expressed his agreement with the judgment of the Presidential Election Petition Tribunal (PEPT), which asserted that Abuja (the FCT) does not possess unique influence over presidential election outcomes. He believes that if a candidate has already secured 2/3 of the votes in 29 states (excluding the FCT), there should be no need to require the same in the FCT.

Okocha views the provision that includes the FCT in the 2/3 requirement as a disjunctive term and suggests that there is nothing particularly special about the FCT that should elevate its status in determining the presidential election outcome. He stated, “Abuja or the Federal Capital Territory virtually has a status of a state, and the interpretation given by the justices who wrote this judgment of the Presidential Election Tribunal, I agree with it entirely. Abuja has no unique significance that should make it a decisive factor in determining whether a presidential candidate has won an election.”

He further elaborated that when the constitution states “2/3 of the votes cast in 36 states and the Federal Capital Territory,” if a candidate has already secured 2/3 of the votes in 29 states, there is no necessity to scrutinize whether the candidate achieved 2/3 of the votes in the FCT. According to Okocha, there is nothing extraordinary about the FCT in this context.