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Third place candidate may be on ballot in case of run-off ― INEC

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The Independent National Electoral Commission (INEC) is already making plans to conduct a second presidential election in 2023 in case there is no clear winner after the February 25, 2023 poll.

This is just as it affirmed that a candidate can come third in the presidential election and be the one qualified for the run-off.

The electoral body has made plans to print double the total number of ballot papers required for the first ballot.

INEC Commissioner,  Information and Voter Education, Festus Okoye, disclosed these on Friday at a roundtable meeting with media Bureau Chiefs in Abuja.

He said that the commission had to do so because it may not have the time to arrange for the printing of ballot papers immediately after the first election to be able to deploy in time for the next poll.

He said on the governorship election, INEC has also concluded arrangements to print the double amount of ballot papers for at least four governorship run-off states in case no winner emerges from the first election in any of the states.

According to him, the law provides that before anyone is declared winner of the presidential election,  the candidate must have the highest number of votes cast and secure a quarter of the votes cast in two-thirds of the states of the federation and the FCT.

He affirmed that not all candidates will participate in the second election should there be no clear winner on the first ballot.

He noted that while 18 candidates will be in the first election,  only two will be on the ballot for the second election.

According to him, the two candidates will be the ones that scored the highest number of votes at the election while the second candidate will be the one among the candidates who has the majority of votes in the highest number of states.

He said if 93 million ballot papers are required for the presidential election, INEC will print 186 million ballot papers just to be ready for a possible second presidential election.

Explaining why this is necessary,  he said: “This is because the law gives the commission just 21 days within which to engage in reverse logistics and conduct a run-off election n case there’s no winner.

“Moreover, some of you also know that as at the time of the conduct of a presidential election, the governorship election and the state assembly elections are still pending.

“So, for the governorship election, the commission prints at least run-off ballots for four governorship elections in case we have challenges in terms of a winner not emerging on the first ballot in some of the states of the federation.

“Now, how does a president emerge and what are the conditions that will necessitate a second election because the Constitution calls it a second election? The constitution doesn’t call it a run-off election.

“Section 134 subsection 2 of the Constitution of the Federal Republic of Nigeria which is the fundamental law of the land, makes it mandatory that before anyone is deemed to have been elected as a president of the Federal Republic of Nigeria, that candidate must secure the highest number of votes cast at the election and must also secure a quarter of the votes cast in two-thirds of all the states of the federation and the Federal Capital Territory.  That is mandatory.

“Now, if no candidate secures this highest number of votes and the mandatory threshold, the Constitution says we must have a second election within a period of 21 days.

“Now, not all candidates are going to participate in this second election. Eighteen candidates will be on the ballot for the first election.

“If no candidate emerges on the first ballot, only two candidates are going to be on the second ballot or only two candidates are going to contest the second election.

“Who are those candidates that will be on the ballot for the second election? The Constitution has made it very clear that two candidates will be on the ballot are; one amongst the candidates who scored the highest number of votes at the election, the one that scored the highest number of votes at the election.

“The second candidate that will be on the ballot will be one amongst the remaining candidates who have the majority of votes in the highest number of states. One amongst them.

“The Constitution did not say that the person who came second will be the person who will be on the ballot. That’s not what Constitution has said.

“The Constitution says one amongst the remaining candidates who have the majority of votes in the highest number of states will be the second candidate.

“So, you may have a situation where one candidate in the election secures 10 million votes and the second candidate secured 9 million votes and the third candidate secures 7 million votes but that third candidate secured the majority of votes in the highest number of states.

“The Constitution says that it is that third candidate that will be on the ballot with the first person.”

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