The what-about fuss as to the correct interpretation of s.132(2)(b) is so unnecessary. That provision of the constitution is as straightforward as an arrow and it is a literal provision of the constitution and should be interpreted as such. Any other interpretation rule adopted for its interpretation other than the literal rule will only bring about a fundamental departure from its original contemplation which will only be hazardous. 

The misinterpretations and debacle about what that section really postulates is just a mischievous ploy by mischief makers and understandably, from the aggrieved party members who are currently drowning in the pool of defeat, therefore, looking for the slightest branch of a tree to lay hold on to grasp for air so as to save their faces.

For the record, my preferred candidate by every indication may likely not win the presidential election, but it will be mischievous and dishonourable on my part as a lawyer to try to twist the provisions of the constitution as some so-called lawyers have been doing on social media, deceiving the gullibles and hitting up the polity just because their prefered candidate did not win; this is so low of a lawyer. 

For the sake of emphasis, this section of the constitution [S. 134(2)] which gained notoriety since yesterday is worded thus; 

Section 134(2) :

(2) A candidate for an election to the office of the President shall be deemed to have been duly elected where, there being more than two candidates for the election – 

(a) he has the highest number of votes cast at the election; and 

(b) he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja.

To this effect, using the literal rule of interpretation to (literally) interpret what the constitution contemplated here; simply means that for a candidate to be deemed duly elected he must have at least won 2/3 of the majority votes cast in the country. Mathematically, 2/3 of 37 States of Nigeria (37 when you add the FCT) means that he must have scored 25% of at least 25 states, including the FCT; not that he must score 25% of 25 States and also get 25% of the FCT. The FCT has no other special privilege outside being another state of the federation, so the thought that a contestant after scoring 25% of 25 States must as well score 25% of the FCT is rather ridiculous. 

The conjunction “and” used in paragraph B of the S 134(2) which is what has been causing the confusion simply means what it is; “with the FCT inclusive”.

Someone may want to argue that FCT is not a state, but yes, in a plethora of cases, the court has adopted that the FCT may not be a state as properly so-called but is to be regarded as well as a state of the federation which is to be administered by the FCT ministers who acts as it’s governor.  In fact, in S. 299 of the Constitution, the provisions stipulate thus; “The provisions of this Constitution shall apply to the Federal Capital Territory, Abuja (as if it were one of the States of the Federation)”.  This is to say that the constitution has always held FCT to be regarded as the 37th state of the federation. 

In summary, a candidate who has secured 25% of votes in 25 of any states of the federation which has made up the 2/3 majority has fulfilled the constitutional threshold to be deemed elected as provided in paragraph B of the S 134(2), he does not have to secure 25% of the votes cast of the FCT after securing 25% of other 25 states of the federation.

The Peoples Democratic Party (PDP) and Labour Party (LP) have issued a joint statement calling for the cancellation of the February 25 presidential election. The statement signed by the parties’ chairmen Barr Julius Abure (LP), Dr Iyorchia Ayu (PDP), also asked for a fresh election to be conducted and for the Chairman of INEC to be removed:

“Nigeria held its general elections on Saturday, February 25, 2023 and this press conference is to address the urgent and important issues arising from the exercise, which was for the election of the president, vice president, and national assembly positions.

“The exercise, carried out by the Independent National Electoral Commission (INEC) is still underway as we hold this conference collation is still on-going in some parts of the country. We monitored with dismay the travesty to democracy that was exhibited at the National Collation Centre of the Independent National Electoral Commission (INEC). It is, to say the least, a rape on democracy.

“The conduct of the February 25, 2023 election has been marred by widespread violence, rigging, intimidation of voters, doctoring of the results, and violation of the laid down electoral process which was communicated by the national electoral body, INEC.

“INEC had announced a process which would require the use of the Bimodal Voter Accreditation System, BVAS, for accreditation and voting and that all election results would be electronically transmitted from polling units to INEC Servers. The above process, published repeatedly, announced severally, and agreed with INEC by all political parties was not followed, thereby leaving room for manipulation of the results after Nigerians had voted.

“The results announced by INEC so far shows monumental disparities between the actual results reported by our Party agents, our party members, and indeed millions of Nigerians, on election day from the polling units. We have also listened to the arguments made by collation officers of the different political parties.

“The crux of the matter is the deliberate refusal of the INEC Chairman, Professor Mahmood Yakubu as the National Returning Officer for the presidential election to respond to the demand of political parties for INEC to respect the pre-existing regulations that results of this election shall be uploaded on the INEC server through the Bio-modal Voter Accreditation System technology.

“The refusal of INEC to comply with the laid down, published, and agreed process for the conduct of the election has compromised the integrity and credibility of entire presidential election.

“We also note that on February 25, 2023, the day of the election, millions of Nigerians were left in utter doubt and disappointment at polling units as INEC officials across the country refused to electronically transmit the results to the INEC server as was expected by all stakeholders in this election. In cases where they tried to upload the results, INEC officials assigned to polling units could not do so. In some cases, they revealed that they had directives from their superiors to not upload the results.

“In some cases, they said that the password for them to access the INEC server had been changed.

“We also recall that the initial explanation by INEC for the delay was on account of glitches on the INEC server. Neither did INEC explain to the nation what the nature of those glitches was nor did the commission avail the country or even agents at the polling units that it will not be uploading the results generated at the Polling Units to the server when it resolves those glitches.

“We are, therefore, constrained on this development to state that INEC compromised the integrity of this election even before collation began at the PUs.

“Section 60 sub-section 5 of the Electoral Act states that “the presiding officer shall transfer the results, including total number of accredited voters and the result of the ballot in a manner as prescribed by the commission.”

“The failure to comply with the provisions of the electoral act and the guidelines, makes it imperative that all results recently uploaded to the I-REV portal be audited before they are announced. It was on the strength of this provision in our Electoral Act that the Independent National Electoral Commission (INEC) introduced the BVAS technology to the country.

“The expectation of the majority of Nigerians was that INEC was going to conduct the 2023 election in compliance with both the Electoral Act and its own guidelines. Unfortunately, INEC recapitulated on that promise and conducted the election with the usual crude standard that predates the introduction of the BVAS machine. This election is not free and far from being fair or transparent.

“There is ongoing extensive cancellation of results all over the country, especially in the areas of strength of opposition parties, to shore up the numbers of the APC. The total number of cancellations to date nationwide has in any event rendered the elections inconclusive.

“The People’s Democratic Party, the Labour Party, The ADC and other aligned parties shall not be part of the process currently going on at the National Collation Centre, and we demand that this sham of an election should be immediately cancelled. We also call for a fresh election should be carried out within the window allowed by the Electoral Act and in accordance with the laid down INEC procedure for the conduct of the 2023 Elections.

“We call on the international community to note that the results being declared at the National Collation centre have been heavily doctored and manipulated and do not reflect the wishes of Nigerians expressed at the polls on February 25, 2023. We also wish to declare a vote of no confidence on INEC’s Professor Yakubu. By his conduct & reaction to the complaints of disenfranchised political parties, we believe that he lacks the integrity & moral standing to continue to oversee this process to a conclusion.

“We are therefore calling for Professor Yakubu to step aside from his role as INEC Chairman and for a credible personality from outside the Commission to take his place and see this process to a conclusion that would be acceptable to all stakeholders and would restore the confidence of the international community in our democratic process and institutions.

“We have a responsibility to the millions of Nigerians who put their faith in our parties and our presidential candidates to defend our country from the forces that seek to tear us apart. We are calling on President Muhammadu Buhari to stand by his promise to Nigerians to bequeath a legacy of free, fair, and transparent elections to the country.

“President Muhammadu Buhari, this is a time of great test of your integrity to use your office to save Nigeria from this electoral heist and save your legacy from the forces that seek to mar your democratic credentials. We are calling on Nigerians to continue to believe in the promise of Nigeria and to join us in defending the integrity of our country and defending our democracy.

“Thank you, and may God bless us all.”