Peter Obi victory in FCT, may trigger constitutional crisis, possible run off, Falana, Kotoye disagree

By Nimot Olawale

There have been speculations across Nigeria that the 2023 presidential election may end up in a constitutional crisis.

With most of the results of last Saturday’s presidential election announced, it is looking likely that the presidential candidate of the All Progressives Congress (APC), Bola Tinubu, will end up with the highest number of valid votes.

Tinubu will also have garnered at least 25% votes in at least 24 states of the federation.

But the 1999 Constitution says 24 states and the Federal Capital Territory (FCT).

This has led to different interpretations.

The results from the FCT showed that APC had just 19.8% and Atiku Abubakar of the Peoples Democratic Party (PDP) had 16.1%, compared to Labour Party’s Peter Obi who picked up 61%.

In his response, Human rights lawyer, Femi Falana, SAN, said acquiring 25 per cent of votes in the Federal Capital Territory, FCT, is not a compulsory requirement to become President in Nigeria.

According to him, the FCT can be considered as a state, therefore, getting 25 per cent in 24 states as required to be president, without the FCT, is no hindrance to being declared winner of the presidential election.

Falana said this amidst controversy about the ruling All Progressives Congress Presidential Candidate, Asiwaju Bola Tinubu, reportedly not getting up to 25 per cent of votes in the FCT despite acquiring same in other states and leading with the highest number of votes.

“It is not a requirement that you must win the FCT,” the Senior Advocate of Nigeria said on Channels Television’s Sunrise Daily programme on Tuesday.

“Today, the courts have ruled that pursuant to Section 299 of the constitution, that the FCT should be treated as a state. That is the law.

“You don’t have to win the FCT; if you meet the requirement; that is two-thirds of the majority of states in the country. You don’t have to win the FCT,” the rights activist stressed.

However, another Senior Advocate of Nigeria (SAN), Barr Adeyinka Kotoye in an exclusive interview with Standard Times Nigeria said the candidate must also score 25% in the votes from FCT Abuja as stipulated by the constitution.

According to Kotoye, Section 299 of the 1999 constitution (as amended) only likened FCT to a State in the administration of executive and legislative power which are vestedonthe President and that is the reason there is no governor and State House of Assembly in Abuja.

“The constitution says 25% in 36 states and Abuja, this implies that the for any candidate to be declared as winner, such candidate must have 25% of votes from at least  24 states and also 25% of votes in the Federal Capital Territory, Abuja”

“You can check the dictionary and check what the word “and” means” Kotoye said.