Dark
Light
Today: April 12, 2024
March 12, 2023
5 mins read

The conditions a candidate must meet before declaration as governor-elect

As we prepare for the next phase of the 2023 general elections which is the elections into the offices of governor and house of assembly members of all the states in Nigeria, it is pertinent to discuss the conditions prescribed by the Nigerian law, necessary for the success of rhe aspirants in their various endevours.

Well, whilst persons may want a preferred candidate to assume office of the governor, the whole truth is that, such preferred candidate can only assume office only in line with what the constitution holds.

Many people in Lagos state have since held the view as regards the governorship election that, Gbadebo Rhodes Vivour popularly called GRV whose roots they claim are not Yoruba, should not be elected governor in Lagos state since lagos is a Yoruba state, this is similar in other states of the country, where tribal sentiments are also raised.

The constitution is very clear on what a candidate must attain before being declared governor-elect.

The words contained under Section 177(a), 1999 CFRN holds thus; “ A person shall be qualified for election to the office of Governor of a state if he is a citizen of Nigeria by birth”

By virtue of Section 25(1), 1999 CFRN; “The following persons are citizens of Nigeria by birth, namely
(a)every person born in Nigeria before the date of independence, either of whose parents or any of whose grand parents belonged to a community indigenous to Nigeria:
(b)every person born in Nigeria after the date of independence either of whose parents or any of whose grandparents is a citizen of Nigeria; and
(c)every person born outside Nigeria either of whose parents is a citizen of Nigeria.

Two things can be deduced from the sections cited above, first, to be declared governor elect of a state, one must be citizen by birth of Nigeria. The constitution did not say that such person must have been an indigene or a tribesman of such state.

See also  Breaking promise to marry: is it a crime?

As long as one is a Nigerian by birth, that is one qualification amongst others.

Now, even if such candidate had been given birth outside Nigeria but such candidate’s parents are Nigeria, he still qualifies to be declared governor elect.

Going forward, Section 179(2), 1999 CFRN hold thus; “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 candidate-
(a)he has the highest number of votes cast at the election; and
(b)he has not less than one-quarter of all votes cast in each of at least two-thirds of all the local government areas in the state.

Instructively, the law has it that such candidate must not just have the highest votes in a secluded or particular area of the state, he must have at least 25% of the votes in at least 2/3 of all the local government in the state where he wishes to governor.

Unlike the presidential election where the law expressly stated that votes must come from the FCT, here, the law has it that as far as the candidate can pull 25% of votes from any of at least 2/3 of all the local government in such state.

We can arguably put it that to be declared governor-elect of a particular state, such candidate must be a Nigerian by birth and not necessarily an indigene or tribesman of such state, he must go ahead to pull the highest votes, at least 25% of the whole votes from at least 2/3 of all the local government in the such state.

As I conclude, it should be known that where a candidate has not met the above conditions, Section 179(3), 1999 CFRN holds thus; “In default of a candidate duly elected in accordance with subsection 2 of section 179, there shall be a second election.”

LEGALJOE who is JOSEPH ALIU is a Law Undergraduate, Oou Chapter and can be reached via 09085773212, 09131704196, aliujoseph085@gmail.com

See also  After Divorce, Can A Husband/Wife Seek Maintenance?

The 2023 elections in Nigeria has raised so much upheavals with persons inciting tribal sentiments due to past maladministration of government and some for personal gains.

Well, whilst persons may want a preferred candidate to assume office of the governor, the whole truth is that, such preferred candidate can only assume office only in line with what the constitution holds.

Many people in Lagos state have since held the view as regards the governorship election that, Gbadebo Rhodes Vivour popularly called GRV whose roots they claim are not Yoruba, should not be elected governor in Lagos state since lagos is a Yoruba state, this is similar in other states of the country, where tribal sentiments are also raised.

The constitution is very clear on what a candidate must attain before being declared governor-elect.

The words contained under Section 177(a), 1999 CFRN holds thus; “ A person shall be qualified for election to the office of Governor of a state if he is a citizen of Nigeria by birth”

By virtue of Section 25(1), 1999 CFRN; “The following persons are citizens of Nigeria by birth, namely
(a)every person born in Nigeria before the date of independence, either of whose parents or any of whose grand parents belonged to a community indigenous to Nigeria:
(b)every person born in Nigeria after the date of independence either of whose parents or any of whose grandparents is a citizen of Nigeria; and
(c)every person born outside Nigeria either of whose parents is a citizen of Nigeria.

Two things can be deduced from the sections cited above, first, to be declared governor elect of a state, one must be citizen by birth of Nigeria. The constitution did not say that such person must have been an indigene or a tribesman of such state.

As long as one is a Nigerian by birth, that is one qualification amongst others.

See also  Abiodun signs N703.028bn 2024 budget into law

Now, even if such candidate had been given birth outside Nigeria but such candidate’s parents are Nigeria, he still qualifies to be declared governor elect.

Going forward, Section 179(2), 1999 CFRN hold thus; “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 candidate-
(a)he has the highest number of votes cast at the election; and
(b)he has not less than one-quarter of all votes cast in each of at least two-thirds of all the local government areas in the state.

Instructively, the law has it that such candidate must not just have the highest votes in a secluded or particular area of the state, he must have at least 25% of the votes in at least 2/3 of all the local government in the state where he wishes to governor.

Unlike the presidential election where the law expressly stated that votes must come from the FCT, here, the law has it that as far as the candidate can pull 25% of votes from any of at least 2/3 of all the local government in such state.

We can arguably put it that to be declared governor-elect of a particular state, such candidate must be a Nigerian by birth and not necessarily an indigene or tribesman of such state, he must go ahead to pull the highest votes, at least 25% of the whole votes from at least 2/3 of all the local government in the such state.

As I conclude, it should be known that where a candidate has not met the above conditions, Section 179(3), 1999 CFRN holds thus; “In default of a candidate duly elected in accordance with subsection 2 of section 179, there shall be a second election.”

LEGALJOE who is JOSEPH ALIU is a Law Undergraduate, Oou Chapter and can be reached via 09085773212, 09131704196, aliujoseph085@gmail.com

1 Comment

Leave a Reply

Your email address will not be published.

Previous Story

How traders, others reject old notes, fueling station exploit people in Ogun

Next Story

NANS calls for Air Max Boycott Over Ill-treatment of Officials

Latest from Blog

Ogun evacuates, rehabilitates destitute

The Ogun State government has begun evacuation and rehabilitation of destitute with mental disorders who constitute environmental nuisance to communities across the state. Hon.

Pelican valley lights up Ogun communities

Pelican Valley estate has installed industrial solar lights in over ten neighboring communities in Ogun state. The community includes Kobape, Egbeda, Galatia, Masha, Mosunmore,

Ogun  IPAC gets new chairman

Comrade Sanyaolu Abayomi of Action Alliance ( AA) has emerged as the newly elected Chairman of  Inter-Party Advisory Council ( IPAC) in Ogun State.  The

OGHA passes N703.02Bn 2024 budget

The Ogun State House of Assembly has on Thursday passed N703,028,013,431.64 as the Year 2024 Appropriation bill. The bills which was earlier presented to

Ogun set to distribute 5000 CofO

The Ogun state government will distribute 5000 Certificates of Occupancy (C of O) to beneficiaries on Friday, December 1 2023. According to a statement
Go toTop

Don't Miss

Legal Joe

Skit-maker Lord Lamba or BBN Queen Mercy; who gets the child in law?

The past few months have had the media talking about
Legal Joe

FOLORUNSHO ALAKIJA: Is her marriage still existing under the law? by LegalJoe

Generally, where a man and woman proceed to contract a