Human rights activist and Senior Advocate of Nigeria (SAN), Mr. Femi Falana, has affirmed that votes cast in all parts of Nigeria are equal, and that Abuja, the Federal Capital Territory (FCT), has been considered to be the country’s 37th state.
He was referring to Section 134 of the 1999 Constitution of the Federal Republic of Nigeria, which has been the subject of debate since the 2023 Presidential Election and is still a hot topic.
Falana, on the latest Channels Television’s Sunday Politics, stated that he will not make a definitive statement on the subject at this time because it has evolved into a significant legal issue that is currently pending in court, stressing that court opinions on Abuja’s status already exist.
In his words: “On the 23rd of January this year, about a month before the presidential election, I expressed my opinion on Section 134 of the Constitution.” On that occasion, I offered a legal opinion, which is why I was cautious to jump on board when lawyers began to provide political interpretations of that provision.
“I did state that there is no electoral college in Nigeria, so all votes cast or recorded in the country are equal.” Section 134 of the Constitution expressly states that the victor of a presidential election must meet certain qualifications. The first is to receive a majority of valid votes, and the second is to have a two-thirds majority of states and the Federal Capital Territory.
“And since the FCT has been interpreted to be Nigeria’s 37th state for constitutional purposes, I didn’t see any controversy at the time, and that’s when I expressed my opinion.
“But now that it has become a serious legal issue and the matter is now pending in court. I am very reluctant to speak definitively on the section because there are court decisions on the status of Abuja.”
Instructively, according to Section 134 sub-section 1 (b) of the 1999 Constitution, a Presidential Election winner must collect at least one-quarter of the votes cast in each of at least two-thirds of the Federation’s states and the Federal Capital Territory, Abuja of the 1999 Constitution.
Alhaji Bola Ahmed Tinubu of the All Progressives Congress (APC), who was declared the winner of the February 25 Presidential Election by the Independent National Electoral Commission (INEC), failed to secure 25 per cent of the vote in the FCT, raising questions about the interpretation of that section of the Constitution.
Tinubu’s declaration as the winner of the 2023 presidential election has been contested in the Presidential Election Tribunal by Alhaji Atiku Abubakar of the Peoples Democratic Party (PDP) and Mr. Peter Obi of the Labour Party (LP).
In the estimation of INEC, Messrs. Atiku and Obi finished second and third, respectively.
-All Rights Reserved-
Permission to use any material, including text, still photograph, audio and video from this site is granted subject to permission being formally sought and, if granted, appropriate credit must duly be given to The News Room as the source.
Stay connected, get exclusive updates, and be the first to know about all the exciting things happening. Whether you’re looking for insights, tips, or just want to be part of an amazing community, our WhatsApp group is the place to be!
👉 Don’t miss out. Click the link and be part of something awesome! 🚀
