Section 105
Procedure for nomination(1) If after the expiration of time for the delivery of nomination papers and the withdrawal of candidates for election of Councillors under this Act only one candidate remains duly nominated, that candidate shall be declared returned unopposed.
(2) If after the expiration of time for the delivery of nomination papers and the withdrawal of candidates for election of Councillors under this section more than one candidate remains duly nominated, a poll shall be taken in accordance with the provisions of this Act.
(3) Where at the close of nomination for election to the office of Chairman, only one candidate—
(a) has been nominated; or
(b)
remains nominated by reason of the disqualification, withdrawal, incapacitation, disappearance, or death
of the other candidate, the Commission shall extend the time for nomination by seven days:
Provided that where after the extension, only one candidate remains validly nominated there shall be no
further extension.
This provision provides that if only one candidate emerges out of the nomination process of various parties for the election of Councilors, such a candidate will be deemed unopposed and declared returned; this, however, will only occur when the time set out for parties to nominate a candidate has passed.
Where there is a valid nomination from another party within the time stipulated, making the candidates at least two, an election must take place. However, for the position of Area Council Chairman, the absence of nomination from other parties leaving only one candidate would require an extension of time by 7 days by INEC. If after this period only one candidate remains nominated, then there will be no more extension and he/she will be returned.
