Winning the most votes is not enough to become president of Nigeria. The Constitution also requires a winner to show national spread: support across most of the country, not just in a few populous regions. This explainer sets out how the rule works.
What the Constitution says
Under Section 134 of the 1999 Constitution, a presidential candidate is duly elected if, in an election with two or more candidates, they:
- win the highest number of votes cast, and
- win at least one-quarter (25%) of the votes cast in at least two-thirds of all the states and the Federal Capital Territory, Abuja.
There are 36 states plus the FCT. In practice, a winner needs 25% in at least 24 of the 37 units.
The rule was written to stop a candidate from winning with votes concentrated in one region. It forces serious candidates to campaign everywhere.
What happens if nobody meets the rule
If no candidate satisfies both conditions, INEC must hold a second election within seven days. Only two candidates take part: the one with the most votes, and the one who won 25% in the most states. If the second election still produces no winner who meets the spread test, a third round is held, decided by a simple majority of votes.
Nigeria has never needed a presidential run-off since 1999. Every winner has met the requirement in the first round, although the 2023 race came closer than most because four candidates shared the vote.
The 2023 FCT dispute
After the 2023 election, Peter Obi and Atiku Abubakar argued that Bola Tinubu could not be declared the winner because he had not won 25% of the vote in the FCT. Their reading was that the FCT was a separate requirement, in addition to two-thirds of the states.
The Presidential Election Petition Court rejected that argument in September 2023, and the Supreme Court agreed on 26 October 2023. The courts held that the FCT is treated as if it were a state for this purpose, so a candidate needs 25% in two-thirds of the 37 units combined, not in the FCT specifically.
How governors are elected
The same principle applies at state level under Section 179. A governorship candidate needs the most votes and at least 25% in two-thirds of the state’s local government areas. If no candidate does, a second election is held. This is one reason governorship elections are sometimes declared inconclusive, as in Osun in 2018 and Kano in 2019.
Running mates and eligibility
A presidential candidate must be a Nigerian citizen by birth, at least 35 years old (lowered from 40 by the 2018 Not Too Young To Run amendment), a member of a political party sponsoring them, and educated at least to school certificate level. A candidate’s election also covers their running mate, who becomes vice-president.
