Why Tinubu Can Not Be Sacked for Failing to Secure over 25% FCT votes — Olanipekun tells Tribunal

By Miracle Ogunde

President Bola Ahmed Tinubu says the attempt by the Presidential Election Petition Tribunal, to sack him as president could lead to breakdown of law and order in the country.

The president stated this through his lead counsel, Chief Oluwole Olanipekun, SAN, as part of his final defence at the tribunal sitting in Abuja, the Federal Capital Territory, FCT.

Though the President’s legal team admitted that Tinubu failed to score 25 per cent of votes cast in Abuja, it argues that it was not sufficient enough to overturn his victory as declared by the Independent National Electoral Commission, INEC in the last Presidential poll.

Speaking on the constitutional requirement for a presidential candidate to have 25 per cent of votes in two-thirds of the 36 states and the Federal Capital Territory, FCT, Olanipekun maintains that courts have always been careful about giving an extreme interpretation of the Constitution that could spark chaos.

He says voters in the Federal Capital Territory have no special voting rights over voters in other states, noting that the election could not be overturned over the result of a single state.

According to Olanipekun, “Any other interpretation different from this will lead to absurdity, chaos, anarchy and alteration of the very intention of the legislature.”

“Our courts have always adopted the purposeful approach to the interpretation of our Constitution, as exemplified in a host of decisions.

“Even if there was no election in one State (including the FCT), or even if the election of a State/States (including the FCT) is/are voided, the entire election cannot be voided or cancelled.

“In concluding our arguments on this issue, we urge the court to hold that in any election where the electorate exercise their plebiscite, there is neither a ‘royal’ ballot nor ‘royal’ voter; and that residents of the FCT do not have any special voting right over residents of any other State of the federation, like the concepts of preferential shareholding in Company Law.

“We urge this court to resolve this issue against the petitioners and in favour of the respondent,” Olanipekun submitted.

It would be recalled that Tinubu’s victory in the February 25, 2023, Presidential election is being challenged by the Peoples Democratic Party’s presidential candidate, Atiku Abubakar and his Labour Party’s counterpart, Peter Obi.