The 1999 Constitution

Section 179 (1)

A candidate for an election to the office of Governor of a State shall be deemed to have been duly
elected to such office where, being the only candidate nominated for the election-

(The following are situations where a person who is a candidate for the office of the Governor of a State can be said to be duly elected if he is the only candidate nominated (i.e. this section talks about situations where a particular candidate running for the office of the Governor of a State is running unopposed and what needs to happen for such candidate to actually win the election and therefore become the Governor of a State; )

Section 179 (1)(a)

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

(If such person, who is running unopposed has more YES votes than No cast in his favour during the election; )

Section 179 (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 local government areas in the State,

(In at least 2/3 i.e. two-thirds of the total local government areas in that State which a Governorship election is being carried out, not less than 1/4 i.e. one-quarter of the votes are for that Candidate who is running unopposed in the election. For example if a state has 36 Local Governments, two third of 36 is 24. 1/4 i.e. one quarter votes in each of the 24 Local Governments which is two thirds of the total Local Governments, then such person can be said to be duly elected; )

but where the only candidate fails to be elected in accordance with this subsection, then there shall be fresh nominations.

(If after conducting elections and the Candidate who is running unopposed ends up not being elected as Governor of a State in the manner which has been written in/ prescribed or according to this sub section, then fresh nominations for candidates will be done/ carried out.)

Section 179 (2)

A candidate for an election to the office of Governor of a State shall be deemed to have been duly elected
where, there being two or more candidates –

(A person who is a candidate for an election into the office of the Governor of a State will be said to have been duly elected in a situation where there exist two or more candidates; i.e. this is the opposite of what was written in sub section 1 of this section. In this section, if there are more than one or multiple candidates running for the office of the Governor of a State then the following situations have to occur for such person/ candidate to be said to have been duly elected as a Governor of that State he is contesting in; )

Section 179 (2)(a)

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

(If a particular candidate has the highest number of votes cast at the election in which he is contesting;)

Section 179 (2)(b)

he has not less than one-quarter of all the votes cast in each of at least two-thirds of all the local government areas in the State.

(In at least 2/3 i.e. two-thirds of the total local government areas in that State which a Governorship election is being carried out, not less than 1/4 i.e. one-quarter of the votes in each of it are for that Candidate running in the election. For example if a state has 36 Local Governments, two third of 36 is 24. 1/4 i.e. one quarter votes in each of the 24 Local Governments which is two thirds of the total Local Governments, then such person can be said to be duly elected; )

Section 179 (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 candidates shall be –

(If a candidate fails to be duly elected as prescribed or according to subsection 2 of this section then a second election will be conducted as prescribed or according to subsection 4 of this section. In that situation, the only candidates for the election shall be the following; )

Section 179 (3)(a)

the candidate who secured the highest number of votes cast at the election; and

(The candidate who was able to have the highest number of votes cast at the election and; )

Section 179 (3)(b)

one among the remaining candidates who secured a majority of votes in the highest number of local
government areas in the State, so however that where there are more than one candidate with a majority of votes in the highest number of local government areas, the candidate among them with the next highest total of votes cast at the election shall be the second candidate.

(Whoever among the remaining candidates that was able to secure a majority of votes in the highest number of local government areas in that state. This has to happen where there are more than one candidate in the election with a majority of votes in the highest number of local government areas, whoever has the next highest number of total votes cast at the election will then be the second candidate for the second election; )

Section 179 (4)

In default of a candidate duly elected under subsection (2) of this section, the Independent National Electoral Commission shall within seven days of the result of the election held under that subsection, arrange for an election between the two candidates and a candidate at such election shall be deemed to have been duly elected to the office of Governor of a State if –

(In a situation where a candidate could not be duly elected as prescribed under subsection 2 of this section, the Independent National Electoral Commission (INEC) has the duty to arrange for second election between the two candidates as defined under subsection 3 of this section within 7 (seven) days of the result of the election which was held under subsection 2. For the second election, a candidate at such election shall be said to have been duly elected to the office of Governor of a State if the following conditions are met; )

Section 179 (4)(a)

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

(A person/ candidate has majority votes cast at the election i.e. second election; )

Section 179 (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 local government areas in the State

(Such person must not have less than one-quarter i.e. 1/4 of the votes cast at the election in each of at least 2/3rds of the local government areas in the State – kindly see section 179 (1)(b) and 179 (2)(b) for a clearer explanation of the fractions.)

Section 179 (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 that subsection, arrange for another election between the two candidates to which that sub-paragraph relates and a candidate at such election shall be deemed to have been duly elected to the office of governor of a State if he has a majority of the votes cast at the election.

(If after the second election has been conducted as prescribed under subsection 4 of this section and no candidate can be said to have been duly elected, then it is the duty of the Independent National Electoral Commission (INEC) within 7 (seven) days to arrange for another election between the two candidates from the second election and whoever has the highest number of votes or the majority votes cast at the new election, shall be said to have been duly elected to the office of the Governor of a State.)

Feel free to compare with situations where a candidate for the office of the President can be said to be duly elected.