Penguin2:
Since the idea of a possible rerun of the presidential election started getting muted in the public space, the contribution and comments of a lot of people, especially here on Nairaland, has betrayed their deficient knowledge of the difference between rerun and runoff elections. That’s why I considered it necessary to make the clarification between what the two provisions mean.

What is a Rerun Election?

Rerun election means to conduct the election all over again. It means the first one was invalid and a new one should be done that should cure whatever anomaly observed in the first one.

In a rerun election, all political parties and candidates who participate in the first are allowed to contest again except any candidate disqualified by the tribunal.

Take note that this is what Atiku and Peter Obi are asking of the Tribunal in the event that neither of them is declared outright winner of the polls. They also seek the disqualification of Tinubu which would make it impossible for him to take part in a possible rerun.

What is a Runoff Election?

Straight to the point, a runoff election is conducted between two candidates. This is usually done when no candidate satisfies all the requirements necessary to be declared the outright winner after the first ballot.

According to Nigerian Constitution, when it comes to the presidential election, a runoff election should be declared between the candidate with highest number of votes cast (simple majority) but failed to get the spread, and the candidate that won the most state.

To bring the above into perspective, supposing there was to be a runoff election after the Presidential election in February, it would have been between Tinubu (who won simple majority) and either of Obi or Atiku (it would have problematic because they both won 12 states each. But I think the constitution made further provision in case of such scenario).

Now, take note that none of the petitioners are asking the Tribunal for a runoff election. This is because the Tribunal has no power to order a runoff election. What the Tribunal can do is to either return a new winner or invalidate the entire election and order a rerun with all candidates participating; except anyone is disqualified.

Only INEC has the power to determine or call for a runoff election, not the courts.

So, I hope this cures the ignorance of the people who have held erroneous understanding of what rerun means, with some going to the extent of suggesting the two candidates that would make the rerun.

Nlfpmod
Mynd44

I think this might be helpful to educate a lot of people who don’t understand the differences between these two concepts.

helinues:


What makes FCT voters votes to be superior than other states votes in Nigeria?

seunmsg:


Show me where the constitution said runoff when no one meets the requirements to be retuned elected as president and I will delete this account.

2, if the court agrees that 25% in FCT is compulsory, then FCT is not treated like a state so Peter Obi’s states falls to 11 and not 12.

Again, the constitution said the second candidate will be the candidate that has the next highest votes in all the states. Atiku has the next highest votes after Tinubu in 21 states while Obi has in 16 states. Anyhow the law is interpreted, Obi will not be on the ballot if there is a second election.

seunmsg:


Semantics like i told you before. A second election is a second election. I don’t need Oxford dictionary to know the meaning of a second election as stated in the constitution.

Like I told you before, the FCT issue is the only one that can lead to a second election and if that’s the case, it will be between Tinubu and Atiku. Head or tail, Peter Obi is out.

seunmsg:


If a candidate is disqualified, there will be no rerun, runoff, second election or whatever the nomenclature is.

The court will simply void all the vote of the disqualified candidate and return a winner based on the remaining valid votes.

If Peter Obi is disqualified, Tinubu will remain the winner. If Atiku is disqualified, Tinubu will remain the winner. If Tinubu is disqualified, Atiku will be returned as the winner. Head or tail, Obi will never become president.

Penguin2:

I think that provision is simple and straightforward.

The first candidate to make a runoff is the candidate with simple majority.

The next is the candidate that won the most state behind the person with simple majority.

So, if in the end, the Tribunal agrees Obi won Rivers and Benue, it would mean Obi won 14 states and Tinubu won 10 states but had simple majority.

Now, if any runoff should happen it would be between Tinubu who had simple majority and Obi who won 14 states.

Ignore Wole Olanikpekun’s stupid and criminal interpretation of the constitution.

aswani:


Penguin2, how can they agree Peter Obi won any of those states when at no time did he present any proof or even petition the Tribunal to say he did?

Peter Obi brought paper copies of blurred results on IREV, how is that going to sway the judges to determine he won those two states?

Stop clutching at straws, Obidients were banging on about stolen mandate when Obi himself didn't bother telling his lawyers to claim he won.

Spy360:

A small correction here. The constitution says a majority in the highest number of states.

That is the one that scored above 50% in most states. So if Atiku won 12 states but has no majority votes but Peter Obi won 11states but have 2 majority votes, then it's Peter Obi not Atiku.

Spy360:

He simply said INEC miscalculated his scores in Rivers and Benue. That if well calculated according to what INEC gave as CTCs he won both state. No respondent has argued or disputed that. No one. In fact it doesn't need argument or proof. It's there. Just there.

Spy360:

He simply said INEC miscalculated his scores in Rivers and Benue. That if well calculated according to what INEC gave as CTCs he won both state. No respondent has argued or disputed that. No one. In fact it doesn't need argument or proof. It's there. Just there.

Spy360:

The Constitution.

adecz:





There was no way Tinubu could
have lost the APC primaries, because
if you look am, who was really there to
oppose him, Osibanjo, who can't even
win Chairman of his Local government,
abi na Ahmed Lawal, Mr rubber Stamp
Senate President❓❓

But Tinubu didn't win the Presidential elections and we all know it.

He didn't win Benue, Rivers or Delta. The
Most he could have won was 8 states out
of 36❗️❗️

aswani:


Final submission from Obi's legal team shows they are looking for Tinubu disqualification based on forfeiture or Guinean passport OR election re-run based on IREV down time or Abuja 25%.

Respondents are not arguing about Benue or Rivers because Peter Obi is not disputing it.

He is disputing results from some polling units in those two states alongside others because he found blurred images on IREV, and he claims Yakubu promised to use IREV, not that he won the states themselves.

Just like when he said "I won and I will prove it" and then went to the Tribunal and his legal team only pushed for rerun and/or Tinubu disqualification, Peter Obi has been fooling his Obidients into thinking he plans to do something while actually doing another.

What a shame.

Spy360:

He simply said INEC miscalculated his scores in Rivers and Benue. That if well calculated according to what INEC gave as CTCs he won both state. No respondent has argued or disputed that. No one. In fact it doesn't need argument or proof. It's there. Just there.

Spy360:

A small correction here. The constitution says a majority in the highest number of states.

That is the one that scored above 50% in most states. So if Atiku won 12 states but has no majority votes but Peter Obi won 11states but have 2 majority votes, then it's Peter Obi not Atiku.

Spy360:

Atiku does not have the 25% needed in FCT. I don't think he has the two third spread in 24 states.

Spy360:

There is provision for runoff or second election in the constitution section 134 (3).

You can now delete this account.

aswani:


Penguin2, how can they agree Peter Obi won any of those states when at no time did he present any proof or even petition the Tribunal to say he did?

Peter Obi brought paper copies of blurred results on IREV, how is that going to sway the judges to determine he won those two states?

Stop clutching at straws, Obidients were banging on about stolen mandate when Obi himself didn't bother telling his lawyers to claim he won.

Demogorgon:
Only Rivers and Benue? It's very obvious you didn't follow the Tribunal hearing. fyi, PO brought in to the court irev results and forms EC8a, EC8b, and EC8c of more than 25 states including blurred copies. Btw, these are some of his prayers ..

Spy360:

A small correction here. The constitution says a majority in the highest number of states.

That is the one that scored above 50% in most states. So if Atiku won 12 states but has no majority votes but Peter Obi won 11states but have 2 majority votes, then it's Peter Obi not Atiku.

seunmsg:


What you attached is a page from the original petition I think and not from the final address. Even at that, there is absolutely nothing in the attached page that showed how he won Rivers and Benue.

Penguin2:

I think that provision is simple and straightforward.

The first candidate to make a runoff is the candidate with simple majority.

The next is the candidate that won the most state behind the person with simple majority.

So, if in the end, the Tribunal agrees Obi won Rivers and Benue, it would mean Obi won 14 states and Tinubu won 10 states but had simple majority.

Now, if any runoff should happen it would be between Tinubu who had simple majority and Obi who won 14 states.

Ignore Wole Olanikpekun’s stupid and criminal interpretation of the constitution.

Penguin2:

Sorry, but have you ever followed the proceedings of the Tribunal even for one day?

Again? Did you read Obi’s written address to Tinubu and Shettima?

Demogorgon:
Only Rivers and Benue? It's very obvious you didn't follow the Tribunal hearing. fyi, PO brought in to the court irev results and forms EC8a, EC8b, and EC8c of more than 25 states including blurred copies. Btw, these are some of his prayers ..

Racoon:
The most despicable criminal person most likely to be disqualified is well known to sane humanity across the world.

aswani:


Not sure why you sent that document because it doesn't invalidate what I said.

The basis of Peter Obi's petition goes no further than "INEC said they will use IREV to calculate the results and IREV has blurred copies, the election must be conducted again" .

aswani:


No need to be sorry and yes I followed the proceedings intently. I didn't go to an Obidients YouTube channel to get fake information.

I also read the final submission which is a summary of what the petitioner is after. Maybe you should take a look yourself.

fortunateme:
If and when Tinubu is disqualified, the runoff will be between Atiku and Obi. Akpabio can be the acting president cos he is next in line to the throne.

gawu1:

The issue is not number of states a candidate won but number of votes plus 25% spread.
For example:
Assuming in an election we have candidate A and candidate B and the number of states is 10.
Candidate A gets 100 votes but comes first in 3 state and is also able to secure 25% votes in the remaining state. And
Candidate B gets 90 votes, comes first in 7 states and also having 25% spread;

Here, candidate A will be declared winner because he won simple majority and has 25% votes spread despite coming first in only 3 States.
So, it's not number of states won that matters but the number votes and 25% spread.

If Benue and Rivers is declared for Obi as you hope it should, the rerun or runoff (whatever you call it) could still be between Tinubu and and Atiku depending on the number of votes each of the candidate is left with after the tribunal math.

seunmsg:


Another gibberish as usual. What the fvck is with you guys and illogical interpretation of clear and straightforward provisions?

(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.

Atiku won majority of votes in the highest number of states (12) among the remaining candidates. Peter Obi won in only 11 states. There is nothing like 50% or whatever nonsense you’re trying to conjure up from Ipob bureau of statistics hq. It is clear and straightforward.

seunmsg:


Lol. Show me where the constitution said runoff.