By PAMELA EBOH, Awka

President of Voters Rights Association of Nigeria (VRAN), Barr. Dr. Jezie Ekejiuba, has described the declaration of the All Progressives Congress (APC) Presidential Candidate, Bola Ahmed Tinubu, as the President-elect of Nigeria by the Independent National Electoral Commission (INEC) as null and void.

Ekejiuba insisted that for a candidate to be declared winner of a presidential election, he/she must score twenty five percent of votes from the Federal capital territory, Abuja.

The VRAN President noted that going to court for interpretation of a provision in the constitution is not a pre-election or post-election matter.

He called on all the citizens of Nigeria who were aggrieved with the election outcome, especially, the violation of the constitution, to feel free to go to court to seek redress.

Ekejiuba, in a statement made available to News Express on Thursday, said: “It is not a question of if Section 134 (2)(b) of the 1999 Constitution of Nigeria as amended “is tested in court.

“It is all about interpreting the simple provision of the constitution in the court of law to right the wrong visited on the Nigerian voters by INEC. In Gani Fawehinmi’s case, the Supreme court held that every citizen of Nigeria has locus standi to approach a court of law for purpose of interpreting the provision of the constitution.

“Some legal minds have cited some Supreme court and Court of Appeal decisions which held that FCT, Abuja is a state. Nobody is quarrelling with this decision. It is true that Abuja is the 37^th state or one of the 37 states of Nigeria.

“But even if Tinubu of APC wins 25 percent of votes cast in 36 states of Nigeria, Section 134 (2) (b) specifically provided that winning Abuja State is a condition precedent for him to be declared President-elect at the first ballot.

“Interestingly, the INEC’s tally was based on 2/3 of 36 States which is 24 states. The extra six states tallied for the so-called election winner as having won 25 percent spread vote does not legally count in the eyes of the law.

Why did INEC not tally the vote based on figure 37 states. INEC has no power to exclude FCT, Abuja as a must 25 percent win!”

He described Section 134 (2)(b) of the Electoral Act as clear and simple, saying that Abuja as a State is a 25 per cent must win, otherwise, the declaration of Tinubu as President-elect of Nigeria remains null and void, ab initio.

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