…Ask Buhari, Judiciary to Uphold the Constitution
Barrister Chuks Nwachuku Esq.
Solicitor to Abuja Residents and Voters has warned that if Nigeria proceed to install Asiwaju Bola Ahmed Tinubu President and Commander-in-Chief under the present circumstances, Nigeria would be setting democracy up for overthrow.
Nwachuku in a press statement on behalf of his clients titled “BEFORE YOU OVERTHROW THE CONSTITUTION AND DEMOCRACY” said section 134(2)(b) states that a candidate for the office of President at an election involving two or more candidates is deemed duly elected where the candidate obtains the highest votes at the election and at least 25% of the votes in each of two thirds of all the States and the Federal Capital Territory Abuja. Where no candidate meets this requirement, there should be a second election between the candidate with the highest votes and one out of the remainder who has a majority of the votes in the highest number of States. Where the requirement of spread is still not met, there should be a third election between the two which should be decided on a simple majority of votes. Asiwaju Bola Ahmed Tinubu did not obtain the required 25% of the votes in Abuja but insists on being sworn in as President and Commander-in-Chief.
Nwachuku further made the call to exercise discipline and obey the simple instruction of our Constitution. Section 134(3)(a) and (b) and proceed to a second election between Tinubu, as the candidate with the highest votes, and one of the other candidates that has the majority of votes in the highest number of States.
He implore the Chief Justice of Nigeria, the President and Commander in Chief, the security chiefs and all other officers of the Federal Republic of Nigeria not to be complicit in the overthrow of the Constitution by lending their support for the installation of Tinubu as President of this country on May 29th or any other day under the present election results.
See the Full Statement Below:
BEFORE YOU OVERTHROW THE CONSTITUTION AND DEMOCRACY
I have a solemn and urgent duty today. It is to alert you to the danger that you are about throwing away our hard won democracy due to the culture of indiscipline, impunity and insensitivity that you have grown in recent years.
The Issue:
The issue is simple. The Constitution at section 134(2)(b) states that a candidate for the office of President at an election involving two or more candidates is deemed duly elected where the candidate obtains the highest votes at the election and at least 25% of the votes in each of two thirds of all the States and the Federal Capital Territory Abuja. Where no candidate meets this requirement, there should be a second election between the candidate with the highest votes and one out of the remainder who has a majority of the votes in the highest number of States. Where the requirement of spread is still not met, there should be a third election between the two which should be decided on a simple majority of votes. Asiwaju Bola Ahmed Tinubu did not obtain the required 25% of the votes in Abuja but insists on being sworn in as President and Commander-in-Chief.
The Threat:
Section 1(2) of the Constitution prohibits anyone or group from taking control of the Government of the Federation or any part thereof contrary to the provisions of the Constitution. It is the responsibility of all Nigerians, including the military to safeguard the Constitution. Section 14(2)(a) of the Constitution expressly declares that the people are the true sovereign and the ultimate authority in the land from whom the Government derives the authority to govern through the Constitution.
The Constitution has therefore authorized each and every Nigerian in whatever position that he finds himself and with whatever means at his disposal to safeguard the Constitution by resisting any would-be impostor from power. The primary allegiance of our soldiers is to the Constitution, which is also the source of their own authority and standing as officers of the nation. They cannot be expected to give allegiance to anyone that is installed President contrary to the Constitution.
The upshot is that if we proceed to install Tinubu President and Commander-in-Chief under the present circumstances, we would be setting democracy up for overthrow. The intervention, ostensibly to restore the authority of the Constitution, and democracy, might mean that this country might not experience democracy again for a long time.
We have the experience of late Earnest Shonekan and the Interim National Government that he headed that was sacked by a Lagos High Court for lack of constitutional foundation for guidance and certainty regarding the point that every High Court in this country is empowered to interpret the Constitution and may therefore sack Tinubu, if installed, with a simple declaration. That would set the stage for extra constitutional actions that would be justified with the excuse of restoring the authority of the Constitution. It would be the death of democracy in the country.
The Solution:
We need to exercise discipline to obey the simple instruction of our Constitution. Section 134(3)(a) and (b) instruct us to proceed to a second election between Tinubu, as the candidate with the highest votes, and one of the other candidates that has the majority of votes in the highest number of States. We should embark on that in earnest.
May 29th 2023 and after:
We are faced with neither the prospect of a vacuum in the office of President nor that of constitutional crises if we put off the planned inauguration of Bola Ahmed Tinubu as the Constitution expects us to do. His Excellency, Muhammadu Buhari GCON, has the authority, nay, the order of the Constitution to remain in office to guard and guide the action while processes for the due emergence of his successor continue until that successor takes the oath of office. If we proceed to install Tinubu unconstitutionally, the Constitution would still continue to regard President Buhari as the President and Commander in Chief. Anything that is done contrary to the Constitution is a nullity. Four years as a tenure under section 135(2)(a) would become an issue only when there is a due successor available to take the oath of office.
We implore the Chief Justice of Nigeria, the President and Commander in Chief, the security chiefs and all other officers of the Federal Republic of Nigeria not to be complicit in the overthrow of the Constitution by lending their support for the installation of Tinubu as President of this country on May 29th or any other day under the present election results.
The Presidential Election Petitions Tribunal:
The PEPT as presently engaged has no constitutional basis. It is only when there is a valid declaration of a winner of the election that its jurisdiction can be invoked. The grounds for invoking it under section 134 of the Electoral Act are (1) non-qualification of the winner (b) invalidity of the election, and © failure of the declared winner to obtain majority of the votes. The issue of failure to secure 25% of the votes in two thirds of all the States and the FCT is not one of the conditions. It is left out because it is a constitutional issue that should be resolved before the PEPT is constituted. The Constitution demands a second election at the present time unless any petitioner before the PEPT can satisfy it that he fulfilled the requirements of section 134(2)(b) of the Constitution and should have been declared winner.
Conclusion:
We call on the intentional community not to encourage the overthrow of democracy and the possible institution of anarchy in the Nigeria with their support for the unconstitutional installation of Tinubu as the President and Commander in Chief of the Armed Forces of Nigeria on the 29th of May 2023.
Chuks Nwachuku Esq.
Solicitor to Abuja Residents and Voters.
