Constitution of the Federal Republic of Nigeria (Fifth Alteration) Acts, 2023
Annotated alteration evidence — page 104
- Jurisdiction
- Nigeria
- Provision
- 104
- Source language
- English
- Recorded status
- in force
More details
- Recorded status
- in force
Provision text
Official source(2) A candidate for an election to the office of President shall be
deemed to have been duly elected where, there being more than
two candidates for the election-
(a) he has the highest number of votes cast at the election; and
(b) he has not less than one-quarter of the votes cast at the
election each of at least two-thirds of all the States in the
Federation and the Federal Capital Territory, Abuja.
(3) In a default of a candidate duly elected in accordance with
subsection (2) of this section, there shall be a second election in
accordance with subsection (4) of this section at which the only
candidate shall be -
(a) the candidate who scored the highest number of votes at any
election held in accordance with the said subsection (2) of this
section; and
(b) one among the remaining candidates who has a majority of
votes in the highest number of States, so however that where
there are more than one candidate with majority of votes in the
highest number of States, the candidate among them with the
highest total of votes cast at the election shall be the second
candidate for the election.
(4) In default of a candidate duly elected under the foregoing
[Section 134 (4) is subsections, the Independent National Electoral Commission shall
altered by Constitution within twenty-one days of the result of the election held under
of the Federal Republic
of Nigeria, 1999 (Fourth
the said subsections, arrange for an election between the two
Alteration No.9) Act candidates and a candidate at such election shall be deemed to
2017] have been duly elected to the office of President if -
(a) he has a majority of votes cast at the election; and
(b) he has not less than one-quarter of the votes cast at the
election in each of at least two-thirds of all the States in the
Federation and the Federal Capital Territory, Abuja.
[Section 134 (5) is
altered by Constitution
of the Federal Republic (5) In default of a candidate duly elected under subsection (4) of
of Nigeria, 1999 (Fourth this section, the Independent National Electoral Commission shall,
Alteration No.9) Act within twenty-one days of the result of the election held under the
2017]
98 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations
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Constitution of the Federal Republic of Nigeria (Fifth Alteration) Acts, 2023 · placng.org · Retrieved 18 August 2026.
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