Prior to election, Independent National Electoral Commission (INEC) on September 2022 has made it clear that clear winners must score highest votes in poll, 25 percent of votes in two-thirds of 36 States of the federation.
It said where a clear winner did not emerge, there would be a second election between the person with the highest votes and the person with the spread, but not necessarily the second highest votes scored.
National Commissioner in charge of Voter Education and Information, Festus Okoye, stated this at a meeting with the European Union Support to Democratic Governments in Nigeria, Phase 11.
In the words of Okoye, ‘By Section 134 of the constitution, where there are more than two presidential candidates, for a presidential candidate to be declared duly elected, he must secure the highest number of votes cast at the election; and not less than a 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.
In another words, emerging victorious at the poll doesn’t give you a presidential candidate an automatic ticket to being the President.
The provision of law means that a presidential candidate must score not less than 25 percent of the votes cast at the election in at least 24 states (including Federal Capital Territory) of the Federation.
‘Specifically, section 134 of the Nigeria Constitution (as amended) states: (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 at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja.
The criterion now is to have a minimum number of 25 percent votes cast in at least 24 states of the Federation covering the FCT.
This is so in view of section 132 (4) of the Constitution which provides that; for the purpose of an election to the office of President, the whole of the Federation shall be regarded as one constituency.
And in this case, the Federation includes the Federal Capital Territory.
We all at EsB wish you and your ‘color’ democracy towards a NEW NIGERIA of our dreams.
