Section 67
Equality of votesWhere two or more candidates poll equal number of votes being the highest in an election, the returning officer shall not return any of the candidates and a fresh election shall be held for the candidates who polled equal number of votes on a date to be appointed by the Commission.
The section provides that where votes are tied during an election representing the highest number, INEC shall order a fresh election for the candidates that have an equal number of votes. The re-run will exclude the other candidates who participated in the election.
A 2017 amendment to the 1999 Constitution provides for a run-off Presidential election to occur within 21 days of the result of the initial election. See section 134 (4) & (5)
The same time is indicated for a Governorship election in Section 179 (4) & (5)
These provisions guarantee that there is a clear winner.
See the following provisions in INEC’s Guidelines on the Conduct of Elections 2022
64. Equality of Highest Votes by Two or more Candidates in Presidential Election
65. Run-Off Elections for Presidential Elections
80. Equality of Highest Votes by Two or more Candidates in Governorship Election
81. Run-off election for Governorship election
These are all based on the provisions of Sections 134 (4) & (5) and 179 (4) & (5) of the 1999 Constitution (as amended)
