INCONCLUSIVE ELECTION: LAW OR OTHERWISE UNDER NIGERIAN LAWS

INCONCLUSIVE ELECTION: Connotatively, means something not leading to a definite or rather specific result or outcomes .

INCONCLUSIVE ELECTION: is process whereby elections are concluded without clear winners returned to have being announce .

INCONCLUSIVE ELECTION: refers to a situation where elections are held but due to cancellations of election, Equal Votes or similar reason results winners in the elections could not emerge.

In other words, final results which determine the true winners are not pronounced by the returning officers for reason of Equal Number of Votes, cancellations of substantial number of votes during the polls due to alleged violence, Irregularities or equity in position of status among the leading Candidate vaying same position or for other reasons of election irregularities. Hovever, this imbroglio gives rise to an election 'inconclusive' so as to conduct another supplementary elections where the final winner would be announce.

WHY INCONCLUSIVE ELECTION?
(A) Allaged violence caused election not to hold ie in a Polling Unit, Ward, Local Government/State

(B) Cancellation of the Election due to the irregularities

(C) Cancellation of result where the total number of cancelled votes is higher than the difference of vote between the leading contestants.

(D)Equal Votes: where both candidate scored same total number of Votes.

(D) In case of Presidential/governorship elections: where requirement theirin in the provision of Section 133, 134 & 179 are not satisfied.

INCONCLUSIVE ELECTIONS AND CONSTITUTIONAL FLAVOR IN NIGERIA
The Constitution as a grundnorm clearly provided under Section 133, 134 & 179 of the 1999 Constitution of the Federal Republic 1999 (as altered) the requirements for a person ought to fulfilled before declared President or Governor of a state as the case may be, otherwise such election shall declare inconclusive for non meeting the requisite requirement of the law.

INCONCLUSIVE ELECTION DUE TO VIOLENCE

Section 24 (3) of the Electoral Act, 2022 Provides thus: Where an election has commenced and there is reason to believethat there is or has been substantial disruption of election in a polling unit orconstituency or it is impossible to continue with the election occasioned by threat to peace and security of electoral officials and materials, the Commission shall suspend the election and appoint another date for the continuation of the election or the process.

INCONCLUSIVE DUE TO EQUAL VOTES
Section 67 of the Electoral Act , 2022 also provides: Where two or more candidates poll equal number of votes being thehighest in an election, the returning officer shall not return any of the candidatesand a fresh election shall be held for the candidates who polled equal number of votes on a date to be appointed by the Commission.


IMPLICATIONS OF INCONCLUSIVE ELECTIONS ON NIGERIAN DEMOCRACY
Gives room to frequent cancellation of elections

May enable wrong candidate to emerge as the winner of election

It discourage Voters from going out again to participate in rescheduled election

It encourage corruption such as vote buying and more violence

It give rooms for manipulations by the elections officials/government in the position of power etc.

Written By :Mubasshir UMAR Gusau
Natioanal President,
National Association of Zamfara State Law students.
mubasshgusau@gmail.com