It is well known that Bola Tinubu, the APC’s presidential candidate, is having his victory contested in court on the grounds that he did not receive 25% of the votes cast in Abuja during the election....CONTINUE READING
According to Tinubu’s opponents, he shouldn’t have been proclaimed the election’s victor based on section 134(2) of the constitution, specifically subparagraph (b)…..CONTINUE READING
However, a Senior Advocate of Nigeria and former Attorney-General of the Federation, Michael Aondoakaa has stated that if the Supreme Court decides to rely on its interpretation of “and” in the 2006 case then it will be mandatory for Tinubu to score 25 percent of votes cast in Abuja to be president of Nigeria.
He explained that in a 2006 case the Supreme Court interpreted the “and” that is in between “corrupt practices and non-compliance” to be conjunctive. He said in Tinubu’s case, if the apex court decides to interpret the “and” that is in between “win 25 percent in two-thirds of all the states in the Federation and the Federal Capital Territory, Abuja” in section 134(2b) the same way it interpreted “and” in 2006 then Tinubu can not be president.
In a video shared on YouTube by Arise News, Aondoakaa said “I said going to me and my personal opinion, that ‘and’ in ‘corrupt practices and non-compliance’ in the electoral act which was interpreted in 2006, Supreme Court used that “and” to be conjunctive to make a meaning of the “corrupt practices and non-compliance”. That means corrupt practices and non-compliance are interpreted to be conjunctive, they follow together.
“Supreme Court has not yet made a definite pronouncement on that ‘and’ in between that section of ‘two-thirds and Federal Capital’ and if they have not made I don’t see why they will not follow the decision they gave that the ‘and’ in ‘non-compliance and corrupt practices’ should be conjunctive.
I am saying that an opportunity has come again for the court to give a direct interpretation of that “and” which is in between two-thirds and that Federal Capital. If they say it is disjunctive it means Tinubu doesn’t need 25 percent in FCT but if they say it is conjunctive then the meaning will be otherwise…..CONTINUE READING
