There is a difference between all/total votes cast in an election and all/total valid/lawful votes cast.
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All/total votes cast includes both valid and invalid votes. Whereas total valid/lawful votes does not include invalid/rejected votes. When you understand this difference then you will agree with the position below.
The Supreme Court judgement that sacked David Lyon of APC ordered INEC as follows:
…That INEC (the 4th Respondent herein) declare as winner of the Governorship Election in Bayelsa State the candidate with the highest number of lawful votes cast with the requisite constitutional (or geographical) spread.
By this specific order of the Supreme Court, the candidate with highest lawful/valid votes must also meet the Constitutional requirements before INEC can declare him the Governor of Bayelsa State. The question is what is the constitutional requirements?
Section 179 of CFRN 1999(As Amended) stipulates the following conditions in the case of contested election:
(2) A candidate for an election to the office of Governor of a State shall be deemed to have been duly elected where, there being two or more candidates –
(a) he has the highest number of votes cast at the election; and
(b) he has not less than one-quarter of *all the votes cast* in each of at least two-thirds of all the local government areas in the State.
(3) In 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 candidates shall be – (a) the candidate who secured the highest number of votes cast at the election; and (b) one among the remaining candidates who secured a majority of votes in the highest number of local government areas in the State, so however that where there are more than one candidate with a majority of votes in the highest number of local government areas, the candidate among them with the next highest total of votes cast at the election shall be the second candidate.
(4) In default of a candidate duly elected under subsection (2) of this section, the Independent National Electoral Commission shall within seven days of the result of the election held under that subsection, arrange for an election between the two candidates and a candidate at such election shall be deemed to have been duly elected to the office of Governor of a State if – (a) he has a majority of the 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 local government areas in the State.
(5) In default of a candidate duly elected under subsection (4) of this section, the Independent National Electoral Commission shall within seven days of the result of the election held under that subsection, arrange for another election between the two candidates to which that sub-paragraph relates and a candidate at such election shall be deemed to have been duly elected to the office of governor of a State if he has a majority of the votes cast at the election.
1/3 of votes translate to 33.33%. The point to be noted is that the candidate must have 33.33% of all votes cast in at least 2/3 of the local governments. There is a distinction between *all votes cast* and *all valid/lawful votes*. INEC did not refer to all votes cast in arriving at their decision. INEC rather referred to all valid votes which is quite smaller in number as compared to all votes cast.
All votes cast includes both valid and invalid votes. This constitutional provision is replicated in INEC manual for election official thus:
Step 11: Complete Form EC 8E, sign, date, stamp and declare the result of the Governorship election and return the candidate who: (i) has the majority of votes cast at the election; (ii) has not less than one-quarter of the votes cast at the election in each of at least twothirds of all the LGAs in the State;
Notice that even INEC manual did not refer to valid votes but rather ALL VOTES CAST.
Consequently, without bothering you with the mathematics, since INEC declaration was based on PDP having 33.33% of valid votes for 2/3 LGAs instead of the constitutional 33.33% of all votes cast for the 2/3 LGAs of Bayelsa State, the declaration is unconstitutional, null and void. It is not even in obedience with the specific order of the Supreme Court.
For further discuss on this, contact the writer., P. D. Pius, Esq., (Election Law Expert and Strategist),08038944639, piusdanba@gmail.com
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