The vice-presidential candidate of the Labour Party (LP), Datti Baba-Ahmed says Bola Tinubu did not meet the constitutional requirements to become Nigeria’s next president.
Speaking on Wednesday in an interview on Channels Television, Baba-Ahmed said Tinubu failed to fulfill the requirements stipulated in the section of the 1999 constitution (as amended) for election to the office of the president.
He pointed out that Tinubu did not secure the 25 percent threshold of total votes in the Federal Capital Territory (FCT), as required by the Constitution.
The Independent National Electoral Commission (INEC) had earlier declared Tinubu as the winner of the February 25 presidential election. Tinubu scored 8,794,726 votes and secured the 25 percent threshold of total votes in 30 states of the federation but failed to have the threshold in votes cast in the FCT.
Section 134 (2) of the 1999 Constitution provides that a candidate for the office of President shall be deemed to have been duly elected where, among other requirements, 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 FCT.
Baba-Ahmed argued that Tinubu’s declaration as the President-elect despite not meeting the constitutional requirements has continued to generate debates.
He noted that swearing in Tinubu as President would be “ending democracy” and a clear violation of the Constitution.
He therefore, called on Olukayode Ariwoola, the Chief Justice of Nigeria (CJN), not to participate in the swearing-in of Tinubu as President, describing it as a “violation” of the Constitution.
He emphasized that only the candidate who meets the constitutional requirements should be declared and issued a certificate of return as President-elect.
“Section 134 stipulates who should be declared and issued a certificate of return. It is only that candidate that has scored the highest number of votes and at least 25 percent each in at least two-thirds of the states of the federation and the FCT,” he said.
“Now, it is very clear that Tinubu does not have 25 percent in the FCT, we denied him. We got 61 percent. Atiku does not have 25 percent in the FCT. We denied both of them.
“By clear and unambiguous provisions of the Nigerian constitution, which must not be breached, Tinubu has not satisfied the requirement to be declared President-elect. Accordingly, there is no President-elect for Nigeria now. Because the declared one violates the constitution of the Federal Republic of Nigeria and I know what I’m saying.
“Swearing in a ticket that has not met the constitutional requirement is ending democracy. That is indeed the correct interpretation. You cannot swear in people who have not met the constitutional requirement. if you do it, you have done something unlawful and unconstitutional.
“Mr. President, do not hold that inauguration. CJN, your lordship, do not participate in unconstitutionality. It is extreme and I’m saying it. It was more extreme for Yakubu to issue that certificate. It was reckless.”
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