Section 106
Election of Area Council Chairman(1) A candidate for an election to the office of Chairman shall be deemed to have been duly elected to the office where being the only candidate nominated for the election he or she has—
(a) a majority of YES votes over NO votes cast at the election; and
(b)
not less than one-third of the votes cast at the election in each of at least two-thirds of all the
wards in the Area Council:
Provided that where the only candidate fails to be elected in accordance with this subsection then there
shall be fresh nomination.
(2) A candidate for an election to the office of the Chairman shall be deemed to have been elected where there being only two candidates for the election he has—
(a) a majority of the votes cast at the election; and
(b) not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the wards in the Area Council, as the case may be.
(3) If no candidate is duly elected under subsection (2), the Commission shall within 14 days conduct a second election between the two candidates, and the candidate who scored the majority of votes cast at the election shall be deemed duly elected at the election.
(4) A candidate for an election to the office of Chairman shall be deemed to have been duly elected where, there being more than two candidates for the election, he or she has—
(a) the highest number of votes cast at the election; and
(b) not less than one-quarter of the votes cast at the election in each of at least two-thirds of all wards in the Area Council, as the case may be.
(5) If no candidate is duly elected in accordance with subsection (4), there shall be a second election in accordance with subsection (6) at which the only candidates shall be—
(a) the candidate who scored the highest number of votes at the election held under subsection (4); and
(b) one among the remaining candidates who has the majority of votes in the highest number of wards so however that where there are more than one candidate, the one among them with the highest total number of votes cast at the election shall be the second candidate for the election.
(6) In default of a candidate duly elected under the foregoing subsections, the Commission shall within 14 days of the result of the election held under the said subsections arrange for another election between the two candidates and a candidate at such an election shall be deemed to have been duly elected to the office of a Chairman of the Area Council if he or she has—
(a) a majority of the votes cast at the election; and
(b) not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the wards in the Area Council, as the case may be.
(7) If no candidate is duly elected under subsection (6), arrangements shall be made within 14 days of the result of the previous election, for another election between the two candidates specified in subsection (6), and a candidate at this last election shall be deemed duly elected to the office of Chairman of the Area Council if he scores a simple majority of votes cast at the election.
This provision outlines the process of emergence of a winner in an Area Council Chairmanship election.
Note that this is an executive position thus the procedure mirrors that of Presidential and Governorship elections. Councillorship on the other hand is a legislative position which is usually won by scoring a plurality of votes i.e., highest number of votes cast.
Below are the requirements for winning an Area Council Chairmanship election.
For a single/unopposed candidate:
(1) He/she must have the majority of YES over NO votes; and
(2) Not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the Wards in the Area Council.
If the single candidate fails to meet this requirement, then there would be fresh nominations.
Where there are only 2 candidates:
The winning candidate must obtain:
(1) A majority of the votes cast at the election; and
(2) Not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the Wards in the Area Council.
If no candidate mees this requirement, then there would be a run-off election within 14 days between the two candidates, and the candidate with majority of votes at the election shall be winner.
Where there are more than 2 candidates:
Round 1: The winning candidate must obtain:
(1) The highest number of votes cast at the election; and
(2) Not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the Wards in the Area Council.
Round 2: If no candidate meets the aforesaid requirement, then there would be a run-off election between:
(a) the candidate with the highest number of votes; and,
(b) the candidate who won the most wards
To win the run-off, one of the candidates (a) or (b) must win:
(i) a majority of the votes cast at the election; and,
(ii) not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the wards in the Area Council.
Round 3: If there is still no winner, then a last election will be held within 14 days between the two candidates and the eventual winner will be the one who scores a simple majority of votes cast at the election.
