The Constitutionality of Margin of Victory Principle in Nigeria’s Electoral Jurisprudence: An Inquest

Abstract

Recently, a novel lexicon known as “Margin of Lead Principle” emerged in Nigeria’s electoral jurisprudence. The nomenclature was infused into the nation’s electoral law by the electoral umpire, INEC, in the 2019 Guidelines for the Conduct of Elections in Nigeria. The strange principle otherwise nicknamed “inconclusive election”, set a higher standard which supersedes the criteria set out in the constitution of the land. The 1999 Constitution of Nigeria (as amended), is the grund norm, indeed, the fons et origo of all other laws in Nigeria. The constitution has lucidly and exhaustively prescribed the conditions to be satisfied by a candidate to entitle him to be declared as duly elected and returned as the winner in an election. Intriguingly, the margin of win principle is an additional hurdle to be crossed by a candidate which is not within the contemplation of the constitution. Consequently, several elections have been declared inconclusive on account of this mysterious principle, particularly in the 2019 general elections in Nigeria. The result is monumental corruption, stealing of people’s mandate, conflicting decisions by the law courts, among others. The object of this research is to analyze the relevant provisions of the constitution, the Electoral Act and the margin of lead regulation, to prove that the margin of win principle is unconstitutional, null and void. Doctrinal research methodology was applied to validate the findings. Reliance was placed on the 1999 Constitution of Nigeria, the Electoral Act, INEC Guidelines, case law and sundry secondary sources. The article recommends the repeal of the margin of win principle to save the nation’s fragile democracy.