As the 2023 election builds up, commentaries and varied thoughts from stakeholders and electoral pundits as to where the pendulum will swing have been the major points of discussions recently. Also, assertions are, that a possible re-run election might take place if needs be.
A re-run election refers to the one held after the initial poll was plagued by irregularities or when standard procedures were adhered. For example, announcing an election inconclusive due to the number of polling units where votes were invalidated. A re-run election can be announced under electoral rules if the victory margin in an election is less than the number of invalidated votes.
According to Nigeria’s electoral umpire the Independent National Electoral Commission (INEC), where the Commission receives a report and it is satisfied that a declaration/ return may have been made involuntarily or contrary to law, regulations and guidelines, the Commission shall withhold the publication of the result(s) and issuance of Certificate of Return to the candidate declared the winner of the election.
Consequently, the Commission shall within seven days review such reports and the concerned result(s) and mandate the original Collation Officer or Returning Officer or a new one to make a declaration/return, which may entail the conduct of a supplementary or a rerun election. According to section 51(2) the 2022 electoral act, “where the number of votes cast at an election in any polling unit exceeds the number of accredited voters in that polling unit, the Presiding officer shall cancel the result of the election in that polling unit.”
Therefore, (2) of the same section states that “(3) Where the result of an election is cancelled in accordance with subsection (2), there shall be no return for the election until another poll has taken place in the affected polling unit.”
In September 2018, Nigeria’s INEC conducted a rerun election in seven polling units in four local governments areas of Osun state due to the ill conduct of the governorship election which saw Oyetola topping the current Gov. Adeleke.
For the conduct of a rerun in political parties primary elections, section 33 of the electoral act states that a political party cannot change or substitute its candidate whose name has been submitted under section 29 of this Act it has to be in the case of death or withdrawal by the candidate.
Section 33 of the act goes further to state that “Provided that in the case of such withdrawal or death of a candidate, the political party affected shall, within 14 days of the occurrence of the event, hold a fresh primary election to produce and submit a fresh candidate to the Commission for the election concerned..”
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Section 45 says “Electoral Commissioner shall, being satisfied of the fact of the death, countermand the poll in which the deceased candidate was to participate and the Commission shall appoint some other convenient date for the election within 14 days.”
On the 2nd Feburary 2023, an All Progressives Congress (APC) rerun primary election was held when in 137 wards in 11 LGAs of the state as the governorship aspirant withdrew from the gubernatorial race. Thus, in accordance with the act, a rerun took place which saw Reverend Father Hyacinth Alia being declared winner of the re-run governorship primary election.
Irrespective of the fact that INEC has indicated that it is ready for a re-run election if needs be, Nigerians are patient and are eager to cast their votes come February 25th 2022.