The Requirement of Geographical Spread in Elections into Legislative Houses in Nigeria: A Critique of Statutory and Judicial Authorities

Abstract

Nigeria operates a democratic arrangement that is hinged on elective principles. The country’s electoral system is founded on the provisions of the Constitution, the Electoral Act and subsidiary legislations made by the Electoral Commission pursuant to the powers vested on it by the Constitution and the Electoral Act. Neither, the 1999 Constitution nor the Electoral Act, 2010 imposed the requirement of Geographical spread on a candidate in an election into Legislative Houses. What the Constitution requires of such candidates is to obtain a simple majority of the valid votes cast at such elections. There are two lines of authority on whether or not geographical spread is required of candidates in elections into legislative houses. The practice of repeat elections in areas where elections did not hold as scheduled or was cancelled seems to be hinged on the belief that geographical spread is required in all elections in Nigeria. In its interpretative jurisdiction, the duty of the court is to expound and not to expand the law. Where there is a lacuna in law, it is the province of the legislature to remedy same by way of enactments and not otherwise. It is doubtful whether, rerun elections and requirement of geographical spread in elections into Legislative Houses in Nigeria has got justification in law. It is the objective of the author to analyse judicial and statutory authorities on the subject matter so as to ground the view that the requirement of geographical spread and re-run elections, so far as they concern elections into Legislative Houses in Nigeria have no foundation in law.