“Don’t Swear In Tinubu, There’s No President-Elect For Now” – Baba Ahmed Tells CJN
The vice-presidential candidate of the Labour Party (LP), Yusuf Datti Baba-Ahmed has revealed why the president-elect, Bola Tinubu, should not be sworn into office.
On March 1, the Chairman of the Independent National Electoral Commission (INEC), Mahmood Yakubu declared Tinubu of the All Progressives Congress (APC) as the winner of the February 25, 2023 presidential election.
Tinubu scored 8,794,726 votes and secured the 25 percent threshold of total votes in 30 states of the federation but failed to have the threshold in votes cast in the federal capital territory (FCT).
Speaking on Wednesday in an interview on Channels TV, Baba Ahmed asked the Chief Justice of Nigeria (CJN), Olukayode Arowoola, not to hold the inauguration of Tinubu, come May 29, as his emergence as President-elect is not in line with the Nigerian constitution.
According to him, Tinubu failed to fulfill the requirements stipulated in the section of the 1999 constitution (as amended) for election to the office of the president.
Section 134 (2) of the 1999 constitution says: “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.”
Baba-Ahmed asked CJN Ariwoola not to participate in the swearing-in of Tinubu as president over what he described as “ending democracy” and a clear violation of the 1999 constitution.
He said, “Section 134 stipulates who should be declared and issued a certificate of return. It is only that candidate that has scored the highest number of votes and at least 25 percent each in at least two-thirds of the states of the federation and the FCT,” he said.
“Now, it is very clear that Tinubu does not have 25 percent in the FCT, we denied him. We got 61 percent. Atiku does not have 25 percent in the FCT. We denied both of them.
“By clear and unambiguous provisions of the Nigerian constitution, which must not be breached, Tinubu has not satisfied the requirement to be declared President-elect. Accordingly, there is no President-elect for Nigeria now. Because the declared one violates the constitution of the Federal Republic of Nigeria and I know what I’m saying.
“Swearing in a ticket that has not met the constitutional requirement is ending democracy. That is indeed the correct interpretation. You cannot swear in people who have not met the constitutional requirement. if you do it, you have done something unlawful and unconstitutional.
“Mr President, do not hold that inauguration. CJN, your lordship, do not participate in unconstitutionality. It is extreme and I’m saying it. It was more extreme for Yakubu to issue that certificate. It was reckless.”
Meanwhile, a former Ekiti state governor, Ayodele Fayose said that the 2023 presidential election has “come and gone”, adding that anyone planning to unseat Bola Tinubu is “daydreaming”.