As Osun State approaches its 2026 governorship election, concerns grow over the possibility of an inconclusive result. Under Nigeria's 2022 Electoral Act, the Independent National Electoral Commission (INEC) can declare an election inconclusive when the margin of victory between leading candidates is smaller than the total number of cancelled votes across polling units. This declaration triggers a supplementary election in affected areas, a process that has been used since 2011.
Conditions for an Inconclusive Declaration
According to The Cable, INEC's authority to declare an election inconclusive is rooted in the 2022 Electoral Act. The key condition is that the difference in votes between the top two candidates must be less than the number of votes cancelled due to irregularities. These irregularities include electoral violence, overvoting, failure of INEC to deploy officials, or breakdown of the Bimodal Voter Accreditation System (BVAS), which prevents proper voter accreditation.
It is important to distinguish between cancelled and voided votes. A voided vote is discarded due to voter error, such as thumbprinting on sections for two different parties on the same ballot. Cancelled votes, however, are annulled by INEC based on procedural breaches at the polling unit level. This distinction is critical in understanding the mechanics of an inconclusive election.
Supplementary Election Process
Once an election is declared inconclusive, INEC schedules a supplementary election, as explained by CDD Factcheck. This is a fresh poll held only in polling units where results were cancelled, following the same procedures as the original vote. It is not a full re-run or a run-off, which is a separate process triggered when the leading candidate fails to meet the required spread of votes across the state.
Nigeria has experienced supplementary elections since 2011, when the concept first emerged under former INEC Chairman Attahiru Jega following a disputed governorship vote in Imo State. Since then, supplementary polls have been held in Taraba and Kogi in 2015, and in six states, including Kano, Bauchi, and Adamawa, after the 2019 general elections. Following the 2023 elections, inconclusive results were recorded in states from Yobe and Zamfara to Kebbi and Adamawa.
Low Voter Turnout in Supplementary Elections
A consistent pattern in supplementary elections is low voter turnout. Returning to the polls a second time can be burdensome, but participating voters carry significant weight because a smaller number of ballots decides the final outcome. In a tight governorship race, every vote in a supplementary election matters considerably more than in the original poll.
For Osun residents, understanding this process ahead of the 2026 election is essential to interpreting any declaration INEC may issue on election day. The Electoral Act guides the process as INEC enforces rules on cancelled votes.
In related news, INEC has cleared Social Democratic Party (SDP) candidate Francis Ajala and his running mate, Faseke Oladipo, to contest the Osun State governorship election after a court ordered their inclusion on the ballot, as earlier reported by Legit.ng.
