In order to be declared the victor of the presidential election, a candidate does not need to receive 25% of the votes cast in Abuja, the Federal Capital Territory (FCT), according to the Independent National Electoral Commission (INEC).

In its response to petitions filed with the Presidential Election Petition Court (PEPC) over the outcome of the 2023 presidential election, and obtained by THE WILL, INEC provided the clarification.

The electoral commission argued that the constitution calls for a majority of the votes cast plus two-thirds of the votes cast in at least 24 of the federation’s states in response to a lawsuit filed by the Peoples Democratic Party (PDP) candidate and presidential candidate, Bola Ahmed Tinubu of the All Progressives Congress (APC), who was correctly declared the winner of the presidential election held on February 25 according to INEC, who said that he had met all constitutional conditions and “earned 25% of the valid votes cast in 29 states of the federation.”

The second respondent was correctly declared the winner and returned as the President-elect of the Federal Republic of Nigeria after receiving at least one-quarter of the valid votes cast in 29 states, which is more than the 24 2/3 states level required by the Constitution.

Atiku Abubakar is contesting the results of the election.

“The second respondent, having scored 25 percent of the valid votes cast in the 29 states, has satisfied the requirement of the Constitution to be declared winner of the presidential election, thus rendering the requirement of having 25 percent of the valid votes cast in the FCT unnecessary.”

“The declaration and return of the second respondent were not wrongful and was made in accordance with the provisions of Section 134 (2) (b) of the Constitution, the second respondent, having scored one quarter (25 percent) of the valid votes cast in 29 states, which are beyond the constitutional threshold for such a declaration.

“The first respondent (INEC) denies that scoring 25 percent of the votes cast in the Federal Capital Territory is a condition precedent to the declaration and return of a candidate in the presidential election,” the Commission argued.

The constitution does not grant the FCT a unique status that needs to be requested in order for a winner to be declared in the presidential election, INEC further stated.

According to this interpretation, Abuja is treated as the 37th state for election purposes and does not have any other special status.

The Commission urged the tribunal to ignore the PDP and Atiku case as a result.

“The provisions of the Constitution apply to the Federal Capital Territory (FCT) as if it were one of the states of the Federation, and the word “and” in Section 134(2) of the Constitution indicates nothing more than that in construing two-thirds of the states of the Federation in which a candidate is nominated.