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Election 101: A Rerun If Winner Of Most Votes Doesn't Get 25% In FCT - Politics - Nairaland

Nairaland Forum / Nairaland / General / Politics / Election 101: A Rerun If Winner Of Most Votes Doesn't Get 25% In FCT (2807 Views)

A Candidate won't Be Declared Winner If He Doesn't Get 25% In FCT : INEC / Babachir Lawal: Tinubu Will Not Get 25% In Borno And Most Of The Fulani States / PDP kicks, calls for a rerun as INEC declares Buhari winner (2) (3) (4)

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Election 101: A Rerun If Winner Of Most Votes Doesn't Get 25% In FCT by Trollronaldo: 2:54pm On Feb 27, 2023
The Electoral Act (2022) states that the winner of the presidential election will be subjected to the provisions of section 134 of the Nigerian Constitution.

“In an election to the office of the President or Governor whether or not contested and in any contested election to any other elective office, the result shall be ascertained by counting the votes cast for each candidate and subjected to the provisions of sections 133, 134 and 179 of the Constitution,” the Electoral Act reads in part.

According to the 1999 Constitution, presidential candidates must not only win a single majority, whoever will be recognised as an elected president must have won a stipulated minimum in every region of the country.

The candidate that receives the highest number of votes shall be declared elected only if they also fulfil a quota of 25 percent of the total votes cast in about 24 states including the Federal Capital Territory.

Section 134, subsection 2, of the 199 Constitution states:

“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-he has the highest number of votes cast at the election; and 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.”

The failure of one candidate to fulfil this requirement will make the election on February 25 inconclusive.



WHAT HAPPENS WHEN THE PRESIDENTIAL ELECTION IS UNDECIDED?

The Nigerian Constitution dictates what happens when the presidential election is inconclusive due to candidates falling to fulfil the basic electing requirements.

Subsections 3/4/5 of Section 134 state:

“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-

the candidate who scored the highest number of votes at any election held in accordance with the said subsection (2) of this section; and
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.
“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-

he has a majority of votes cast at the election; and
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.


“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.”
Re: Election 101: A Rerun If Winner Of Most Votes Doesn't Get 25% In FCT by yarimo(m): 2:57pm On Feb 27, 2023
Trollronaldo:
The Electoral Act (2022) states that the winner of the presidential election will be subjected to the provisions of section 134 of the Nigerian Constitution.

“In an election to the office of the President or Governor whether or not contested and in any contested election to any other elective office, the result shall be ascertained by counting the votes cast for each candidate and subjected to the provisions of sections 133, 134 and 179 of the Constitution,” the Electoral Act reads in part.

According to the 1999 Constitution, presidential candidates must not only win a single majority, whoever will be recognised as an elected president must have won a stipulated minimum in every region of the country.

The candidate that receives the highest number of votes shall be declared elected only if they also fulfil a quota of 25 percent of the total votes cast in about 24 states including the Federal Capital Territory.

Section 134, subsection 2, of the 199 Constitution states:

“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-he has the highest number of votes cast at the election; and 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.”

The failure of one candidate to fulfil this requirement will make the election on February 25 inconclusive.



WHAT HAPPENS WHEN THE PRESIDENTIAL ELECTION IS UNDECIDED?

The Nigerian Constitution dictates what happens when the presidential election is inconclusive due to candidates falling to fulfil the basic electing requirements.

Subsections 3/4/5 of Section 134 state:

“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-

the candidate who scored the highest number of votes at any election held in accordance with the said subsection (2) of this section; and
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.
“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-

he has a majority of votes cast at the election; and
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.


“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.”
And the same Nigeria constitution says candidate with majority of votes scored should be declared winner

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Re: Election 101: A Rerun If Winner Of Most Votes Doesn't Get 25% In FCT by lhordspy: 2:58pm On Feb 27, 2023
Illiteracy is a disease.

Just look at an unlearned man translating the constitution wrongly.

No wonder there is this popular opinion that some of you are underage.

FCT is counted as a state. You dont need to set it aside. Once you pull the required 25% in 24 state. And have the majority vote. That all !

5 Likes

Re: Election 101: A Rerun If Winner Of Most Votes Doesn't Get 25% In FCT by Trollronaldo: 2:58pm On Feb 27, 2023
yarimo:
And the same Nigeria constitution says candidate with majority of votes scored should be declared winner
you re arguing right? Okay
Re: Election 101: A Rerun If Winner Of Most Votes Doesn't Get 25% In FCT by Trollronaldo: 2:59pm On Feb 27, 2023
lhordspy:
Illiteracy is a disease
How?
Re: Election 101: A Rerun If Winner Of Most Votes Doesn't Get 25% In FCT by yarimo(m): 3:01pm On Feb 27, 2023
Trollronaldo:
you re arguing right? Okay
Don't you see the constitutional sections there ? Are you that illiterate
Re: Election 101: A Rerun If Winner Of Most Votes Doesn't Get 25% In FCT by Nobody: 3:01pm On Feb 27, 2023
Just face ur spare part, no near constitution abeg...

1 Like

Re: Election 101: A Rerun If Winner Of Most Votes Doesn't Get 25% In FCT by Trollronaldo: 3:01pm On Feb 27, 2023
lhordspy:
Illiteracy is a disease.

Just look at an unlearned man translating the constitution wrongly.

No wonder there is this popular opinion that some of you are underage.

So explain to us what you understand from the constitution
Re: Election 101: A Rerun If Winner Of Most Votes Doesn't Get 25% In FCT by Helpfromabove1(m): 3:01pm On Feb 27, 2023
N
Re: Election 101: A Rerun If Winner Of Most Votes Doesn't Get 25% In FCT by Ustec: 3:02pm On Feb 27, 2023
wink
Re: Election 101: A Rerun If Winner Of Most Votes Doesn't Get 25% In FCT by Trollronaldo: 3:02pm On Feb 27, 2023
yarimo:
Don't you see the constitutional sections there ? Are you that illiterate
I feel you are spreading half of what thr constitution says. You are avoiding to list all conditions
Re: Election 101: A Rerun If Winner Of Most Votes Doesn't Get 25% In FCT by alsudan: 3:03pm On Feb 27, 2023
Op don’t mind Thiefnubuu Urchins.

It’s cast in black and white (25 states and the FCT)

No candidate will be declared without meeting the 25% Threshold in the FCT

5 Likes

Re: Election 101: A Rerun If Winner Of Most Votes Doesn't Get 25% In FCT by Obinoscopy(m): 3:07pm On Feb 27, 2023
You are interpreting the laws wrongly. All what the law is saying is that FCT should be counted among the 36 States when calculating 25%. So that means one must get 25 States (assuming FCT is considered a State). Which can be 24 Real States and then FCT. Or just 25 Real States without even winning FCT.

2 Likes

Re: Election 101: A Rerun If Winner Of Most Votes Doesn't Get 25% In FCT by jumper524(m): 3:17pm On Feb 27, 2023
All 36states and the federal capital meaning 37 states.
One must have 25% in atleast 25states.
That's the clearer explanation to this.

1 Like

Re: Election 101: A Rerun If Winner Of Most Votes Doesn't Get 25% In FCT by seunmsg(m): 3:20pm On Feb 27, 2023
25% in 25 is all we need. FCT is counted as part of the states. Sorry obidients, your regional candidate is out. Tinubu has clearly won majority of vote cast and has the required spread in 25 states. He will be declared president at first ballot. There will be no second ballot.

2 Likes

Re: Election 101: A Rerun If Winner Of Most Votes Doesn't Get 25% In FCT by madapcmod: 3:25pm On Feb 27, 2023
seunmsg:
25% in 25 is all we need. FCT is counted as part of the states. Sorry obidients, your regional candidate is out. Tinubu has clearly won majority of vote cast and has the required spread in 25 states. He will be declared president at first ballot. There will be no second ballot.

How can a regional candidate win states not in his region including the states of APC presidential candidate and national chairman Lagos and Nassarawa.

Do you know what regional candidate means? grin

1 Like

Re: Election 101: A Rerun If Winner Of Most Votes Doesn't Get 25% In FCT by seunmsg(m): 3:30pm On Feb 27, 2023
madapcmod:


How can a regional candidate win states not in his region including the states of APC presidential candidate and national chairman Lagos and Nassarawa.

Do you know what regional candidate means? grin

Compare to Tinubu who has won states in NW, NE, NC, SW and doing very well in SS states like Akwa Ibom, Cross River, Edo and Rivers.

2 Likes

Re: Election 101: A Rerun If Winner Of Most Votes Doesn't Get 25% In FCT by alsudan: 3:32pm On Feb 27, 2023
seunmsg:
25% in 25 is all we need. FCT is counted as part of the states. Sorry obidients, your regional candidate is out. Tinubu has clearly won majority of vote cast and has the required spread in 25 states. He will be declared president at first ballot. There will be no second ballot.

Please show me the section of the constitution that recognizes FCT as a State.

2 Likes

Re: Election 101: A Rerun If Winner Of Most Votes Doesn't Get 25% In FCT by madapcmod: 3:33pm On Feb 27, 2023
seunmsg:


Compare to Tinubu who has won states in NW, NE, NC, SW and doing very well in SS states like Akwa Ibom, Cross River, Edo and Rivers.

That's not my question. Obi won in SW, NC, cleared SE and SS. Did well in NE and NW So how is he a regional candidate. Do you know the meaning of region?

1 Like

Re: Election 101: A Rerun If Winner Of Most Votes Doesn't Get 25% In FCT by Godwin4444: 3:36pm On Feb 27, 2023
Obinoscopy:
You are interpreting the laws wrongly. All what the law is saying is that FCT should be counted among the 36 States when calculating 25%. So that means one must get 25 States (assuming FCT is considered a State). Which can be 24 Real States and then FCT. Or just 25 Real States without even winning FCT.
tinubu have hotter 25% in Abuja already
Re: Election 101: A Rerun If Winner Of Most Votes Doesn't Get 25% In FCT by PoliteActivist: 3:36pm On Feb 27, 2023
madapcmod:


How can a regional candidate win states not in his region including the states of APC presidential candidate and national chairman Lagos and Nassarawa.

Do you know what regional candidate means? grin

They refuse to recognize that LP will become more and more party of the youth, and in the future, if care is not taken, Nigeria will become essentially a one-party state: only LP will be winning national elections!

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Re: Election 101: A Rerun If Winner Of Most Votes Doesn't Get 25% In FCT by Hoelujohn: 3:51pm On Feb 27, 2023
lhordspy:
Illiteracy is a disease.

Just look at an unlearned man translating the constitution wrongly.

No wonder there is this popular opinion that some of you are underage.

FCT is counted as a state. You dont need to set it aside. Once you pull the required 25% in 24 state. And have the majority vote. That all !
They shouldn't have included FCT then. You see how foolish your argument looks
Re: Election 101: A Rerun If Winner Of Most Votes Doesn't Get 25% In FCT by Ahuitzotl: 4:10pm On Feb 27, 2023
FCT is part of the federation thus if it was just a simple 2/3 of the federation alone then it means including FCT amongst other states therefore you can get your 25% anywhere else if you can't get in FCT......BUT the constitution said "And FCT" thus meaning you must capture the Heart and Center of Nigeria with at least 25% irrespective of what is going on elsewhere....or Runoff..
Re: Election 101: A Rerun If Winner Of Most Votes Doesn't Get 25% In FCT by Ajisebioyolaari: 4:13pm On Feb 27, 2023
Only PDP and NNPP won't make the minimum 25% for FCT.

We are not bothered. Asiwaju is coming.....

Re: Election 101: A Rerun If Winner Of Most Votes Doesn't Get 25% In FCT by CynieCynthia: 12:32pm On Feb 28, 2023
Nawa
Re: Election 101: A Rerun If Winner Of Most Votes Doesn't Get 25% In FCT by CynieCynthia: 12:33pm On Feb 28, 2023
Ajisebioyolaari:
Only PDP and NNPP won't make the minimum 25% for FCT.

We are not bothered. Asiwaju is coming.....


He didn’t get 25% dear,, he isn’t coming anytime soon
Re: Election 101: A Rerun If Winner Of Most Votes Doesn't Get 25% In FCT by Ajisebioyolaari: 12:34pm On Feb 28, 2023
CynieCynthia:



He didn’t get 25% dear,, he isn’t coming anytime soon
FCT is not a requirement to fulfill 25 % in 25 states. We are on 24 states already, Kogi and Borno will seal the deal. Cheers
Re: Election 101: A Rerun If Winner Of Most Votes Doesn't Get 25% In FCT by njelrapheal: 3:59pm On Feb 28, 2023
seunmsg:


Compare to Tinubu who has won states in NW, NE, NC, SW and doing very well in SS states like Akwa Ibom, Cross River, Edo and Rivers.

With masssive rigging
Re: Election 101: A Rerun If Winner Of Most Votes Doesn't Get 25% In FCT by kk2027: 4:01pm On Feb 28, 2023
lhordspy:
Illiteracy is a disease.

Just look at an unlearned man translating the constitution wrongly.

No wonder there is this popular opinion that some of you are underage.

FCT is counted as a state. You dont need to set it aside. Once you pull the required 25% in 24 state. And have the majority vote. That all !
This sounds like olodo calling others illiterate cheesy cheesy cheesy

Read here:

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-

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