Tuesday 31 March 2015

Presidential election: What the Constitution says.

According to S.134 (2) CFRN 1999, as amended, “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 if:

a) she has the highest number of votes cast at the election and

b) she 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

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 has a majority of votes in the highest number of states, so however that where there are more than one candidate with a majority of votes in the highest number of states, the candidate among them with the highest total 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 to have been duly elected to the office of President if –

a) she has a majority of votes cast at the election, and

b) she 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 votes cast at the election.”

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