It is well known that the Labour Party and Peter Obi, its presidential candidate, have petitioned against Bola Ahmed Tinubu’s victory in the APC. Peter Obi’s running partner, Yusuf Datti Baba-Ahmed, stated in an interview with Arise TV that in accordance with section 134 of the Nigerian Constitution, Bola Tinubu cannot be sworn in as president.

As said by Baba-Ahmed “Now that the election has been lost, we are also discussing a constitutional violation. There is no president-elect when there is a constitutional violation. I beg to add that according to the common understanding of section 134, Nigeria currently does not have a president-elect. A president cannot be sworn in if his or her certificate of return violates the Constitution, which serves as the foundation for the office of president.

It couldn’t be any more clear, according to Baba-Ahmed, what Section 134 of the Constitution states: “Section 134 says the president shall have scored 25 percent in at least two-thirds of the state of the federation and the Federal Capital Territory, Abuja. The Constitution should be observed; it is not a problem that needs to be solved. Technically and legally speaking, according to section 134’s normal definition, we do not currently have a president-elect. Even if they swear Tinubu in, that would still be against the law.

furthermore:

Section 134 of the Constitution of the Federal Republic of Nigeria

(1) A candidate for an election to the office of President shall be deemed to have to be been duly elected, where, there being only two candidates for the election –

(a) he has the majority 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.

(2) A candidate for an election to the office of 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 of each of at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja.

(3) In default of a candidate duly elected in accordance with subsection (2) of this section there shall be a second election in accordance with subsection (4) of this section at which the only candidate shall be –

(a) the candidate who scored the highest number of votes at any election held in accordance with the said subsection (2) of this section; and

(b) one among the remaining candidates who have a majority of votes in the highest number of States, so however that where there is more than one candidate with the majority of votes in the highest number of States, the candidate among them with the highest total of votes cast at the election shall be the second candidate for the election.

(4) In default of a candidate duly elected under the foregoing subsections, the Independent National Electoral Commission shall within seven days of the result of the election held under the said subsections, arrange for an election between the two candidates and a candidate at such election shall be deemed elected to the office of President if –

(a) he has a majority 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

(5) In default of a candidate duly elected under subsection (4) of this section, the Independent National Electoral Commission shall, within seven days of the result of the election held under the aforesaid subsection (4), arrange for another election between the two candidates to which the subsection relates and a candidate at such election shall be deemed to have been duly elected to the office of President, if he has a majority of the votes cast at the election.

Section 134 of the Constitution of the Federal Republic of Nigeria

More: https://jurist.ng/constitution/sec-134