By Festus Okoye
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As Nigeria gradually moves towards the 2027 general elections, two fundamental questions deserve every citizen’s attention. First, do the prevailing conditions guarantee freedom of expression and enable Nigerians to exercise their sovereign right to elect their leaders?
Second, will the votes in the two categories of elections reflect the people’s will and genuine preferences? Under its Revised Timetable and Schedule of Activities, released on February 26, 2026, the Independent National Electoral Commission (INEC) has scheduled the presidential and National Assembly elections for January 16, 2027, and the governorship and State Houses of Assembly elections for February 6, 2027.
The revised timetable outlines 14 critical activities INEC must undertake before the elections. These include complying with Section 28(1) of the Electoral Act, 2026, which requires the Commission to issue a Notice of Election 300 days before polling day; submitting political parties’ registers of members in accordance with Section 77(4) of the Act; conducting party primaries and resolving disputes arising from them; and submitting Forms EC9, EC9A, EC9B, EC9C, EC9D, and EC9E online, which contain candidates’ personal particulars.
Other activities include the Commission’s publication of candidates’ personal particulars (Form EC9); the commencement of political parties’ public campaigns; the deadline for candidates to withdraw and for political parties to replace them; and the deadline for submitting nomination forms and publishing the final list of nominated candidates.
According to the timetable, these activities are complete. Of the 14 activities listed in the revised timetable, INEC has completed nine, leaving five outstanding.
These include the deadline for political parties to submit the names of their polling agents to the Electoral Officer in each local government area; the publication of the official register of voters; the publication of the Notice of Poll; the final day of political campaigns; and the conduct of the two categories of elections.
Against this backdrop, it is important to examine the constitutional and statutory safeguards governing the electoral process. The framers of the Constitution and the legislature established legal barriers that no political party, aspirant, candidate, group, or organisation may remove or circumvent.
These safeguards protect the people’s sovereignty and ensure that political power is acquired and exercised only under the law. The first constitutional safeguard is found in Section 14(2)(a) of the Constitution of the Federal Republic of Nigeria, which unequivocally provides that sovereignty belongs to the people of Nigeria, from whom the government derives all its power and authority.
This principle establishes the people as the ultimate source of political authority. Through the electoral process, eligible and duly registered voters exercise that authority by choosing candidates who seek mandates to hold constitutionally established offices for prescribed terms. The Constitution also assigns political parties a critical role in this process. Under Sections 221 and 222, political parties operate within a constitutional framework that governs their participation in electoral politics. They are expected to conduct valid primaries, sponsor candidates who meet constitutional and statutory requirements for election, campaign for them, and give voters the opportunity to exercise their freedom of choice.
The second constitutional safeguard appears in Section 1(2) of the Constitution. It provides that Nigeria shall not be governed, nor shall any person or group of persons take control of the government of Nigeria or any part thereof, except in accordance with the Constitution. This provision is fundamental to constitutional democracy.
It prevents the arbitrary acquisition of political power and makes constitutional compliance indispensable to the legitimacy of government.
The third constitutional safeguard addresses when a presidential candidate may be declared elected. These requirements are not optional; every candidate must meet the applicable constitutional threshold. Under Sections 132, 133, and 134 of the Constitution, a presidential candidate must meet the applicable election requirements.
In a contest with more than two candidates, Section 134(2) provides that a candidate shall be deemed duly elected if he or she secures the highest number of votes cast and at least one-quarter of the votes cast in at least two-thirds of all the states of the Federation and the Federal Capital Territory, Abuja.
Where no candidate satisfies these requirements, the Constitution provides for a further election under Section 134. The provisions specify which candidates may participate in the subsequent ballot and the conditions under which a winner may emerge.
Where a candidate is not duly elected under Section 134(2), the Constitution provides for a second election within 21 days. The Constitution determines which two candidates participate based on prescribed criteria, including the highest number of votes and the distribution of votes across the states.
Where the relevant provisions produce a tie in the number of states in which candidates obtain a majority, the Constitution specifies how to identify the candidate with the higher total number of votes.
If no candidate is duly elected under Section 134(2) and (3), INEC must hold another election between the two candidates identified under the applicable constitutional provisions.
A candidate in that election must secure a majority of the votes cast and at least one-quarter of the votes cast in at least two-thirds of all the states of the Federation and the Federal Capital Territory, Abuja.
When no candidate is duly elected under Section 134(4), the Constitution requires INEC to hold another election between the two candidates to whom that subsection applies.
At this stage, a candidate is deemed duly elected if they secure a majority of the votes cast. These provisions demonstrate that winning a presidential election is not determined solely by receiving the most votes nationwide.
The Constitution sets additional requirements that must be met before a candidate can lawfully claim the mandate. The fourth constitutional safeguard appears in Section 135, which prescribes the President’s term.
Under the section, the President vacates office at the end of a four-year period commencing on the date the person elected President takes the Oath of Allegiance and the oath of office. The provision also addresses when a person subsequently elected to the office begins their tenure.
The implication is that presidential tenure is constitutionally limited. An incumbent cannot lawfully exercise executive power indefinitely at will. The fifth constitutional safeguard addresses the narrow circumstances under which a President may remain in office beyond the prescribed four-year term.
Section 135(3) provides an exception when Nigeria is at war, the country’s territory is physically involved in the hostilities, and the President considers it impracticable to hold elections. In such circumstances, the National Assembly may, by resolution, extend the four-year period from time to time, provided that no extension exceeds six months.
The framers of the Constitution deliberately established these safeguards to prevent the unconstitutional acquisition or retention of political power. Even during a national emergency, a President’s tenure beyond the prescribed period remains subject to specific constitutional conditions and procedures.
These safeguards underscore Nigeria’s status as a sovereign, democratic state founded on the rule of law and due process. They affirm the Constitution’s supremacy as the fundamental law of the land and require all institutions, officeholders, and political actors to exercise their powers within its limits.
Consequently, political parties, aspirants, candidates, and other stakeholders must pursue political power and its associated privileges through constitutionally prescribed procedures. Any attempt to acquire or retain power outside those procedures is unlawful.
Unfortunately, forces opposed to democratic governance continue to set up illegal roadblocks intended to undermine voters’ constitutional rights and frustrate the expression of the people’s sovereign will. Identifying and dismantling such illegal roadblocks is, therefore, a democratic imperative.
Constitutional and statutory safeguards must be preserved, respected, and defended, while unlawful barriers erected to frustrate the people’s right to elect their leaders must be challenged and removed through lawful means.
Nigeria’s democratic future depends, in no small measure, on the willingness of its citizens and institutions to defend constitutional governance, uphold electoral integrity, and ensure that political power remains subject to the will of the people.
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