This 2023 presidential election, held on February 25, that has generated many allegations against the INEC chairman and its officials, is yet over. The election will be inconclusive. There is no clear winner yet.
So those who are jubilating that Bola Ahmed Tinubu of the ruling All Progressive Congress (APC) has won the presidential election should hold their peace because there is no clear winner.
According to the 1999 Constitution as amended in Chapter 6, Part 1, Section 134, the winner must have
1) 25% of votes in 24 states
2) The winner must secure 25 votes in the FCT.
3) Majority of Votes
As things stand now, none of the three front-runner presidential candidates have fulfilled the above requirements.
The official INEC FCT results are as follows: Obi of the LP received 281,717 votes (59%), the APC of Tinubu received 90,902 votes (19%), and Atiku of the PDP received 74,199 votes (15%).
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Here is the full constitution in regards to electing the president:
Chapter 6. Part 1, 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 –
(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.
(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.
(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.
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