Thread by @iamtennygee

Dear Nigerians, as we approach the date set for the Presidential elections, it is necessary for us to know what the constitution says about how a candidate can become the duly elected President of the Country.

In this thread, I will reproduce the relevant provisions of the Constitution and attempt to explain same in simple terms. Thread alert >>>Section 134 of the 1999 CFRN provides as follows:

134. (1) A candidate for an election to the office of President shall be deemed to have 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.

Explanation: This means that where there are only 2 Candidates contesting for the position of President, the winner will be the Candidate with the higher number of votes by simple majority and at least ¼ of votes cast in at least each of any 24 States in Nigeria,i.e. 2/3 majority

Note that this does not apply for the 2019 elections as there are well over 30 candidates for the office of President of the FRN.

(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 each of at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja.

Explanation: This means that where there are more than 2 Candidates contesting for the position of President, the winner will be the Candidate with the higher number of votes by simple majority and at least ¼ of votes cast in at least each of any 24 States in Nigeria-2/3 majority

(3) In a default of a candidate duly elected in accordance with subsection (2) of this section their 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 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.

Explanation: where no winner emerges by the application of the provisions of s.134 (2), then there shall be a second election between the Candidate with the highest number of votes and the Candidate with the majority votes in the highest number of states.

If there are more than one Candidates with majority of votes in the highest number of states, then the second contestant for the second election shall be the Candidate with the one with the highest total number of votes among them.

(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.

Explanation: Within 7 days of the result of the main election, where there is no clear winner, INEC shall conduct the second election between the two Candidates in line with s.134 (3).

The winner of the election must poll highest number of votes by simple majority across the Nation and at least ¼ of votes cast in at least each of any 24 States in Nigeria, i.e. 2/3 majority principle.

(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.

Explanation: Where no winner emerges after the second election. INEC shall within 7 days from the date of the result of the second election arrange for another election between the two candidates who took part in the second election and the

Candidate with the highest number of votes by simple majority shall be declared the duly elected President.

Please note that by s. 132(4) 1999 CFRN, for the purpose of an election to the office of the President, the whole of the Federation shall be regarded as one constituency. Please share generously for citizens’ enlightenment. ~The End.