25% Votes Requirement: Supreme Court Upholds Appeal Court’s Ruling On FCT
On Thursday, a significant legal precedent was set by the Supreme Court, which upheld the ruling previously handed down by the Appeal Court. This ruling clarified a fundamental aspect of presidential elections in Nigeria – that a presidential candidate does not necessarily need to secure a minimum of 25 percent of the votes in the Federal Capital Territory (FCT) to be declared as the country’s president.
This landmark judgment was delivered by a panel of justices led by Justice Inyang Okoro, who were tasked with adjudicating on the appeal filed by Peter Obi and Atiku Abubakar against the electoral victory of Bola Tinubu.
Atiku Abubakar, representing the Peoples Democratic Party (PDP), and Peter Obi from the Labour Party (LP), had contested the outcome of the February 2023 presidential election, specifically seeking to nullify Tinubu’s victory. Their argument hinged on the assertion that Tinubu did not attain the constitutionally required 25 percent of votes in the FCT.
However, the Appeal Court had previously ruled that their petition was immaterial, setting the stage for the case’s escalation to the Supreme Court.
In this pivotal Supreme Court session, Justice Inyang Okoro affirmed and reinforced the Appeal Court’s ruling. He emphasized that the Federal Capital Territory did not possess any unique or special status that would require presidential candidates to secure a specific percentage of votes within its borders.
Consequently, the Supreme Court concurred with the appellate court’s determination, reaffirming that the 25 percent threshold, which had been the basis for Obi and Atiku’s appeal, is irrelevant in determining the outcome of presidential elections in Nigeria. This decision has far-reaching implications for future presidential contests in the country, establishing a binding legal precedent on this pivotal electoral matter.
