By Kamil Opeyemi
Vice-presidential candidate of the Labour Party (LP), Datti Baba-Ahmed, has described as illegal the planned inauguration of the President-elect, Bola Tinubu, on May 29.
Tinubu, who was declared winner of the February 25 election, was the All Progressives Congress (APC) candidate
But Baba-Ahmed, while speaking on a live interview Wednesday on Channels Television’s Politics Today, argued that the APC failed to satisfy the requirements of Section 134 (2)(a) and (b) of the constitution for election to the office of the President.
According to the provisions of that section, the rightful winner is one who “has the highest number of votes cast at the election” and “has not less than one-quarter of the votes cast at the election each of at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja”.
He urged President Muhammadu Buhari and the Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola, not to go ahead with the inauguration adding that Tinubu’s inauguration would be unconstitutional.
“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.”
“That is my interpretation and that is indeed a correct interpretation. You cannot swear-in people who have not met the constitutional requirements. You can’t do that.
“If you do it, you have done something unlawful, something unconstitutional. I’m not taking risks with my safety and with my life. It was more extreme for INEC Chairman, Mahmood Yakubu to issue that certificate; it was reckless. He’s putting all our lives in danger.”