Phee gave the advice during a roundtable with the media in Abuja.
The US Assistant Secretary was specific about Section 134 (2) of the Electoral Act that explains how a president can emerge and the conditions that may necessitate a second election.
The PUNCH reports that on 18 November, 2022, the National Commissioner, Independent National Electoral Commission, Festus Okoye, explained that, “Section 134 (2) of the Constitution of the Federal Republic of Nigeria, which is the fundamental law of the land, makes it mandatory that before anyone can be deemed to have been elected as the President of the Federal Republic of Nigeria, that candidate must secure the highest number of votes cast at the election and must also secure a quarter of the votes cast in two-third of the states of the federation and the Federal Capital Territory. It is mandatory.
“Now, if no candidate secures this highest number of votes and the mandatory threshold, the constitution says we must have a second election within a period of 21 days. Not all candidates are going to participate in this second election. Eighteen candidates will be on the ballot for the first election. If no candidate emerges from the first ballot, only two candidates will contest in the second election.
“The constitution has made it very clear that of two candidates that will be on the ballot, one must score the highest number of votes in the election. The second candidate that will be on the ballot is one among the remaining candidates who has a majority of votes in the highest number of states. The constitution did not say that one who came second will be in the second election.”
Phee, who expressed confidence in INEC to conduct credible elections, explained that if voters are educated about the Electoral Act, it will help in peaceful transition of power.
Phee said, “Actually, what I am struck by is the confidence that I heard from the political parties, their leaders and INEC. I think it is a good reason to be confident. Since I came to Nigeria, I was taught about this aspect of your constitution which is unique and specific to Nigeria which I admire. It appears to be an effort to be respectful of the diversity of the country. I have also held discussion for the first time, there is the prospect that the election would go to a second round.
“But there is one issue that as an outsider or a guest, I will ask the media to play a role in amplifying. So, what I have learnt is that Nigeria has perhaps a specific requirement in her constitution that the winner of the presidential election does not only have a large number of votes but has to have 25% of the votes in two-third of the states and the Federal Capital Territory. It is an innovative requirement that shows great wisdom to ensure that there is balance across the country.
“But I am not sure that this sort of unique requirement is well understood by the public as it should be and it will become particularly relevant if for the first time in your electoral history, as a result of the first round of election, the country goes to a second round.
“I think the media play a role in educating the public about this issue because if the voters understand the electoral process and have confidence in it, it will contribute to a peaceful transition of power.”
