The declaration and certification of Muhamamdu Buhari as the winner of the 2019 Presidential Election by the Chairman of INEC based SOLELY on the fact that he scored the “highest” number of votes cast at the election, failed to comply with section 134(2) of the Constitution, a renowned professor of law, Ben Nwabueze has said.
Section 134(2) of the Constitution provides as follows:
“a candidate for an election to the office of the 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.”
However, declaring Buhari winner of the election conducted on the 23rd Feb, Chairman of the Independent National Electoral Commission, INEC, Professor Mahmood Yakubu said: “….That Muhammadu Buhari of the APC, having satisfied the requirement of the law and scored the highest number of votes is hereby declared the winner and is returned elected.”
In a letter to Paul Usoro SAN, President, Nigeria Bar Association, NBA, dated 27th February, 2019, and obtained by Elombah News, Professor Ben Nwabueze said the INEC Chairman’s declaration and certification are based solely on section 134(2)(a)), and said nothing at all on whether sub-section 2(b) has been complied with.
Professor Nwabueze said he is “concerned with the validity of the declaration and certification as a legal requirement, not with the question whether sub-section 2(b) has in fact been complied with”.
“I think the declaration and certification are invalid in law,” he added.
“Do the declaration and certification not manifest undue bias and partiality for Buhari on the part of INEC Chairman as well as an anxious desire for the President’s victory?” Nwabueze asked.
The declaration and certification of Muhamamdu Buhari as the winner of the 2019 Presidential Election by the Chairman of INEC reads in full:
Professor Nwabueze’s letter to the NBA chairman reads:
URGENT AND CONFIDENTIAL
27th February, 2019.
Paul Usoro SAN
President,
NBA.
Paul,
Did you watch the Chairman of INEC on the television declare and certify Buhari winner of the 2019 Presidential Election based SOLELY on the fact that he scored the “highest” number of votes cast at the election?
Did the declaration and certification comply with section 134(2) of the Constitution which provides as follows:
“a candidate for an election to the office of the 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.”
The INEC Chairman’s declaration and certification are based solely on section 134(2)(a)), and said nothing at all on whether sub-section 2(b) has been complied with.
I am concerned with the validity of the declaration and certification as a legal requirement, not with the question whether sub-section 2(b) has in fact been complied with.
I think the declaration and certification are invalid in law. Do the declaration and certification not manifest undue bias and partiality for Buhari on the part of INEC Chairman as well as an anxious desire for the President’s victory?
Please consider and take action as you may consider necessary and appropriate.
Professor Ben Nwabueze
