THE All Progressives Congress (APC) candidate, Bola Tinubu, was declared the winner of the presidential election by the Independent National Electoral Commission (INEC) on March 1.
However, Baba-Ahmed, who appeared yesterday, live on Channels Television’s Politics Today stated that the APC failed to meet the requirements of Section 134 (2)(a) and (b) of the constitution for election to the office of President.
According to the provisions of that section, the rightful winner is one who “has the highest number of votes cast at the election” and “has not less than one-quarter of the votes cast at the election each of at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja”.
Addressing President Muhammadu Buhari and the Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola, the LP vice-presidential candidate made the argument that going ahead with Tinubu’s inauguration would be unconstitutional.
“Mr President, do not hold that inauguration. CJN, Your Lordship, do not partake in unconstitutionality,” he said.
According to him, swearing in a ticket that has not met the requirements of the constitution is ending democracy.
“That is my interpretation and that is indeed a correct interpretation,” Baba-Ahmed added. You cannot swear [in] people who have not met the constitutional requirements; you can’t do that.
“If you do it, you have done something unlawful, something unconstitutional. I’m not taking risks with my safety and with my life. It was more extreme for [INEC Chairman, Mahmood] Yakubu to issue that certificate; it was reckless. He’s putting all our lives in danger.”
Recall that the LP and its presidential candidate, Peter Obi, filed a petition at the Election Petition Tribunal in Abuja on Tuesday, challenging Tinubu’s declaration as the winner of the presidential election on February 25, 2023.
The petition’s first to fourth respondents are INEC, Tinubu, his running mate Senator Kashim Shettima, and the APC.
The petitioners want the tribunal to rule that Tinubu was not legitimately elected with a majority of the valid votes cast. They want INEC to retrieve the certificate of return issued to the APC candidate and issue a new one to Obi.
The petitioners specifically stated that Tinubu was ineligible to run for office at the time of the election.
They further argued that the election was invalid due to corrupt practices and noncompliance with the Electoral Act 2022.
Obi requested that the tribunal issue an order canceling the election and ordering INEC to hold a new election in which Tinubu, Shettima, and the APC would not participate.
