The Peoples Democratic Party (PDP) nominee, Atiku Abubakar, did not meet the constitutional conditions to be recognised as the victor of the February 25 presidential elections in Nigeria, according to the Independent National Electoral Commission (INEC).
In response to Atiku’s petition to the Presidential Election Petition Court (PEPC) regarding the results of the 2023 presidential election, INEC made the submission.
Atiku and the PDP filed a challenge, but the electoral commission requested the court to reject it because the former vice president did not receive at least one-quarter of the votes cast in at least two-thirds of the 36 states of the union and the Federal Capital Territory. (FCT).
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, INEC declared.
It added that;
The election was conducted in substantial compliance with the Electoral Act 2022 and was not marred by any corrupt practices.
Tinubu Was Validly Elected
INEC also submitted before the tribunal that the All Progressives Congress (APC) candidate, Bola Tinubu won the election which was free and fair based on the vote cast by Nigerians and met all the requirements prescribed by the constitution.
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.