DECLARATION OF ELECTION RESULTS / EXTANT PROVISIONS OF THE LAW
By High Chief (Barr) Fred Isoh
The declaration of the candidate of the APC as the winner of the last presidential election is the focus of this treatise!
This declaration without taking into cognisance the votes of Nigerians in the FCT makes the whole process a nullity in Law. Bola Tinubu of the APC did not garner up to 25% of valid votes cast in the FCT which is one of the constitutional and legal requirements for any aspirant to be declared winner of the presidential election in Nigeria.
The constitutional requirements include, viz: obtaining the majority of lawful votes in the election; obtaining at least 25% of lawful votes cast in 24 States in Nigeria and the FCT! The key question here is whether the words “and the FCT” can be taken as adjunctive or not! Does it mean “inclusive of the FCT” or plus the FCT? Does it mean that the FCT should be added as one of the 24 States or as an addition to the 24 States? I shall attempt to answer these posers in my next treatise.
The constitution of the Federal Republic of Nigeria, 1999 (As severally amended) gives the FCT a special legal status as a “Federal Territory” and not a “State”.
The characteristics of a State as envisioned under the Constitution are well spelt out. A State is a federating unit with the federal government under the federation of Nigeria and has an independent Executive, Legislature and Judiciary from the Federal Government of Nigeria.
All States of the Federation have elected Governors as Chief Executive Officers, an independent legislature headed by a Speaker and a Judiciary headed by a Chief Judge. The FCT does not enjoy or have the above listed offices/officers as the 36 States of Nigeria.
So, it is safe to postulate and argue that the FCT cannot and should not be regarded as one of the States in Nigeria.
The intentions of the framers of the Constitution can be seen from the constitution of the various political leadership positions and structures in the FCT.
The FCT is run by a Minister appointed by the President of the Country. He is not elected by the people as the Governors in the various States of the Federation. The FCT has no independent Legislature but has an independent Judiciary.
The FCT laws are made by the National Assembly and it’s annual budget approved by the National Assembly also.
So, if the framers of the Constitution wanted the FCT to be regarded as a State, it would have been clearly stated in the Constitution.
The FCT houses the Federal Government of Nigeria; the Executive, Legislative and Judicial arms.
The FCT is regarded in Law as a FEDERAL TERRITORY and not a STATE.
So, the framers of the Constitution intended the FCT to be a separate legal entity which is clearly distinct from any of the 34 States of the Federation.
Therefore, in the interpretation of the Constitution in respect of the requirements needed for a candidate to be declared winner of a presidential election, obtaining at least 25% of the valid votes cast in the FCT is sacrosanct and imperative for all candidates.
It is therefore the postulation of this writer that INEC was very wrong in declaring Bola Tinubu of the APC as the winner of the last presidential election when he did not garner 25% of the valid votes cast in the FCT in the last presidential election.
I further posit that even if the APC was able to obtain 25% of valid votes cast in 30 States of the Federation without obtaining 25% of the valid votes cast in the FCT, INEC would still have been wrong to declare Bola Tinubu as the winner of the presidential election.
This intellectual treatise was written by HIGH CHIEF (BARR) FRED ISOH, Esq.,
(LL. B (Hons), LL.M(Hons), B.L.)
Solicitor and Advocate of the Supreme Court of Nigeria & NOTARY PUBLIC for Nigeria,
Festac Town, Lagos, Nigeria.