Few will argue the fact that our nation’s constitution is less than perfect.

Unlike other nations whose presidents are elected on the basis of simple majority either in the popular vote or the Electoral College, the Nigerian constitution provides for a second requirement to be met before a candidate is declared winner. In addition to overall majority, a candidate is required to win at least 25% of the vote in at least two thirds of the 36 states.

While it is hoped that a clear winner emerges come March 28, the probability of a deadlock is quite high due to the two-horse race the presidential election has turned into this time around.

Where no clear winner emerges a possible scenario could be
- President Jonathan has overall majority but unable to meet the second requirement
- General Buhari with minority vote meets the second requirement of 25% in at least two thirds of the 36 states.

The probability of the above scenario is high due to the political structure of Nigeria; 17 states in the South viz a viz 19 states in the North. Furthermore General Buhari has cult followership in North giving him some edge in terms of spread and ease of meeting the second requirement. The South West vote will certainly be split between the APC and PDP considering the increased focus by President Jonathan on various groups in the region in an apparent push for votes.

If the above scenario plays out, the constitution mandates INEC to conduct a run-off election within seven days. This will be very daunting not just for INEC but also for voters.

If the above scenario plays out and INEC struggles with or bungles the run-off then there will be a case for constitutional amendment of the time to conduct run-off election or the cancellation of the requirement for 25% votes in two thirds of the 36 states.