A former Attorney General of the Federation (AGF) and Minister of Justice, Chief Michael Aondoakaa SAN, has maintained that before a candidate can be declared winner in a presidential election, that candidate must score 25 per cent of the votes cast in the election in 2/3 of the 36 states and the Federal Capital Territory (FCT), Abuja.
Aondoakaa, who stated this while appearing as a guest on Arise News Channel programme, maintained that this requirement had been the law and has not changed since the pronouncement of the Supreme Court in 2008.
While Tinubu and Atiku won 12 states each, Obi won 11 states and the Federal Capital Territory (FCT), while Kwankwaso defeated the three only in Kano State.
Among the three leading presidential candidates, only Obi won the FCT, which is believed to be a very strong constitutional requirement to become the President of Nigeria.
Obi scored 281,987 votes or 62 per cent of the total votes cast in the FCT, while Tinubu scored 90,902 or 19.8 per cent.
On his part, Atiku scored 73,743 votes, or 16 per cent of the total votes
While the 1999 Constitution states that a presidential candidate must secure the highest number of votes cast at the election, it further added that the candidate must also secure not less than 25 per cent of the votes cast in at least two-thirds of all the states of the federation and the FCT.
Tinubu, although scored the highest number of votes cast at the election and also polled at least 25 per cent of the valid votes in at least 24 states in line with the Constitution, he did not secure 25 per cent in the FCT.
Section 134 (2) states: “A candidate for an election to the Office of 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.”