Section 133 and 134 of the 1999 Constitution: Situations where a Candidate for the Office of the President is Duly Elected

Elected

The 1999 Constitution

Section 133

A candidate for an election to the office of President shall be deemed to have been duly elected to such
office where, being the only candidate nominated for the election –

(Where a candidate is the only candidate nominated for election to the office of the President, they will be deemed duly elected if ; – )


Section 133 (a)

he has a majority of YES votes over NO votes cast at the election; and

(They have a majority of Yes votes over No votes cast in the election – )


Section 133 (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

(Not less than one quarter of the votes cast in at least two thirds of all the States of the Federation and the FCT Abuja are cast for them.)


Section 134 (1)

A candidate for an election to the office of President shall be deemed to have be been duly elected,
where, there being only two candidates for the election –

(Where there are only two candidates for an election, a candidate is deemed duly elected to the office of the President where ; )


Section 134 (1)(a)

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

(They have the majority of the votes cast at the election.)


Section 134 (1)(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.

(Not less than one quarter of the votes cast in at least two-thirds of all the States of the Federation and the FCT Abuja are cast for them.)


Section 134 (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-

(Where there are two or more candidates, a candidate is deemed duly elected to the office of the President if – )


Section 134 (2)(a)

he has the highest number of votes cast at the election;
and

(They have the majority of votes cast in the election and )

Section 134 (2)(b)

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.

(Not less than one quarter of the votes cast in at least two thirds of all the States of the Federation and the FCT Abuja are cast for them.)


Section 134 (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 –

(Where no candidate is duly elected in accordance with subsection (2) above, another election will be held in accordance with subsection (4) below, where the only candidate will be )


Section 134 (3)(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

(Any candidate who got the highest votes in the election held according to subsection (2) )


Section 134 (3)(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.

(The candidate who has the majority  of the votes in the highest number of States. So where there is more than one candidate with the majority of votes in the highest number of States, the candidate with the highest number of votes cast in total in the election will be the second candidate. )


Section 134 (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 –

(Where no candidate is duly elected under subsections (1) and (2)  above, INEC should within 7 days of the election arrange for an election to be held between the two candidates identified in subsection (3). A candidate is deemed duly elected at such an election if )


Section 134 (4)(a)

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

(They have majority of the votes cast in the election.)


Section 134 (4)(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

(Not less than one quarter of the votes cast in at least two thirds of all the States of the Federation and the FCT Abuja are cast for them.)


Section 134 (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.

(Where no candidate is duly elected under subsection (4),  INEC should within 7 days of the election result arrange another election between the same two candidates, and a candidate is deemed duly elected if they have a majority of the votes cast.)


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