Revealed: Atiku, Tinubu, Obi, in tight race as run-off looms

Nigerians are eagerly waiting for the Independent National Electoral Commission (INEC) to announce the winner of the 2023 presidential and national assembly election.

Bola Tinubu of the All Progressives Congress (APC) was leading with 1.1 million votes as of Monday night, February 27, Vanguard reported.

The candidates of the Peoples Democratic Party and Labour Party, Atiku Abubakar and Peter Obi, are also trailing him.

However, the it might be difficult for any of the three candidates to get a simple majority, and 25 per cent of the votes scored in at least two-thirds (24) of Nigeria’s 36 states and the Federal Capital Territory, Abuja, required to be declared winner outright.

Results from state collation centres show Tinubu to be leading in South-est even though he lost two of the six states; and making impact in some North-East, North-Central and North-West states and Rivers State.

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Also, Atiku, who claimed a state in the South-West, made impact in Akwa Ibom and is doing well in Northern states.

In like manner, Obi, who won Lagos, is strong in South-East, parts of South-South and North-Central and Abuja.

What the law says

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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(a) he has the highest number of votes cast at the election;

and

(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.

(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.

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(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 –

(a) he has a 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

(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.

Source: Legit.ng