Section 39
Uncontested election(1) Where after the expiration of time for delivery of nomination papers, withdrawal of candidates and the extension of time as provided for in this Act there is only one person who is validly nominated in respect of an election, other than to the office of the President or Governor, that person shall be declared elected.
(2) Where a person is declared elected under subsection (1), a Declaration of Result Form as may be prescribed by the Commission shall be completed and a copy issued to the person by the returning officer while the original of the form shall be returned to the Commission as in the case of a contested election.
This section provides that in an uncontested election, the only candidate validly nominated after the exhaustion of all INEC’s allowed time limits for nominations and amendments, will be declared elected. The declaration and return form will be as though elections actually took place.
The cases where a candidate may be uncontested and returned as elected included cases where:
(i) The only opponent in the election withdrew his candidature in accordance with the law before the election;
(ii) The nomination of other candidates are declared invalid before the election; and
(iii) The only opponent dies and there is no replacement before the election.
