Atiku, Tinubu, Obi In Tight Race As Run-Off Looms (What The Law Says)

The presidential candidates of the All Progressives Congress (APC), Peoples Democratic Party (PDP), and the Labour Party (LP) are in a tight race following the results already announced by the Independent National Electoral Commission (INEC).

The INEC Chairman, Mahmood Yakubu, as of Monday had declared results from fourteen states in the country.

From the results declared so far, Bola Tinubu is leading, followed by Atiku Abubakar and Peter Obi.

According to the results as presented at the National Collation Centre in Abuja, Tinubu has 4,105,663, Atiku has 3,052,625 votes, and Obi has 1,643,069 votes.

Although the presidential candidate of the APC is leading with 1.1 million votes on Monday, however, there are apprehensions that it might be difficult for any of the three candidates to get a simple majority and 25 per cent of the votes scored in at least two-thirds (24) of Nigeria’s 36 states and the Federal Capital Territory, Abuja required to be declared winner outright.

Results from state collation centres show Tinubu to be leading in the South-west even though he lost two of the six states; and making an impact in some North-East, North-Central and North-West states and Rivers State.

Also, Atiku, who claimed a state in the South-West, made an impact in Akwa Ibom and is doing well in the Northern states.

In like manner, Obi, who won Lagos is strong in the South-East, parts of South-South and North-Central and Abuja.

What Does The Law Say? 

Section 134 of the Constitution provides as follows:

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

(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 are 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.

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