Presidency: Lawyers clear the air on the 25% requirement in FCT

Lawyers have expressed divergent views on the need for a presidential candidate to fulfill 25 per cent of votes cast in at least two-thirds of the 36 states and the Federal Capital Territory (FCT) to be declared president of Nigeria. 

Speaking on the matter, a former Attorney General and Commissioner for Justice in Ekiti State, Dayo Akinlaja (SAN), said the requirements do not make it mandatory for a candidate to win the presidential election in FCT in addition to the two-thirds of the 36 states. 

“My take is that if the intention had been to make securing 25 per cent in the FCT a distinct condition precedent, it would have been so distinctly and separately stated in the constitution. The way it is now, all a candidate needs do is to secure 25 per cent in two-thirds of 37 units. Once that is done, there is a valid election,” he said.

Also speaking, a human rights activist, Femi Falana (SAN), said a candidate could be declared winner of a presidential election without necessarily scoring up to 25 per cent of votes cast in the FCT. 

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Falana said since section 299 of the constitution said the FCT shall be treated like a state, “the constitutional requirements for 25 per cent of votes in two-thirds state and the FCT only means that the FCT be added to the 36 states to arrive at 37 states.”  

Similarly, Tawo Eja Tawo (SAN) said having 25 per cent in the FCT is not a compulsory requirement for the presidency, adding that section 134(2) of the Nigerian Constitution does not recognise the FCT as a state. 

He said the requirement for 25 per cent of two-thirds of 36 states and the FCT envisages that the FCT has to be added to the 36 to become 37.  

“The constitution recognises FCT as one of the constituents of the Federation albeit not a state in the strict sense, that is why the conjunction ‘and’ is used in the provision as an addition of FCT to the 36 states of the federation. 

“My humble take, therefore, is that the requirement of 25 per cent votes cast would be on 2/3 of 37 constituents i.e. 36 states plus FCT which would be 25 states for a candidate to be declared winner of the presidential election.”