Following the release of the timetable for off-cycle elections by the Independent National Electoral Commission (INEC), political parties and their political actors in Nigeria kicked off plans and activities for the elections. The off-cycle elections will take place in Bayelsa, Imo, and Kogi states.
Subsequently, political parties held primary elections and presented their gubernatorial candidates to the public. Many people are unsure why 24 states held gubernatorial elections during the general election while eight others have separate gubernatorial election timetables.
What is an Off-cycle Election?
Off-cycle elections in Nigeria refer to elections held outside the general election schedule. In Nigeria, the regular election cycle holds every four years, with general elections for the presidency, National Assembly, and state governors held in the same year. However, off-cycle elections are held when there is a need to fill a vacant position due to death, resignation, impeachment, or other reasons.
Off-cycle elections are held on a different date from the general election. While the majority of states in the country elected their governors in the general election, not all states participated. These states are assigned a different timetable to elect their governors. In Nigeria, states participating in off-cycle elections include Bayelsa, Kogi, Anambra, Imo, Osun, Ondo, Edo and Ekiti.
Why do the states have a different election timetable?
At the return of democracy in 1999, every state of the federation was conducting its elections simultaneously until some candidates, displeased with the 2003 elections’ outcome, approached the court to reclaim their mandate. In separate rulings across the states where results were challenged, the election petition tribunal called for the removal of some governors and scheduled a fresh election in some states. This was how the off-cycle elections came to be. Their case is however not the same. Here is a breakdown of how the eight states became off-cycle election states.
Anambra state
In 2003, Anambra laid a precedent that would change the country’s political narrative. That year, Peter Obi, the All Progressives Grand Alliance (APGA) gubernatorial candidate, petitioned the tribunal to contest the result that had initially declared Chris Ngige of the Peoples Democratic Party (PDP), as the winner of Anambra state’s governorship election by the Independent National Electoral Commission (INEC).
The tribunal lasted for two years and the election was eventually annulled. Peter Obi was sworn-in in March 2006.
Since then, Anambra has conducted its gubernatorial election in November 2013, November 2017, and November 2021 while the next election will take place by 2025.
Bayelsa state
Bayelsa state began to conduct off-cycle elections in 2007, when Timipre Sylva of the PDP, was declared winner of the state’s governorship election. What led to disruption in the state’s electoral cycle was the court case instituted by Ebitimi Amgbare, the Action Congress of Nigeria (ACN) candidate, who challenged the election outcome at the tribunal.
Ebitimi Amgbare lost at the tribunal and approached the Court of Appeal to challenge the initial ruling. He won at the appellate court as the court ordered INEC to conduct a fresh election in the state in 2008. The conduct of the new election disrupted the calendar, even though Sylva won the freshly conducted election and returned to office. The next governorship election in the state will take place later this year, on November 11, 2023, with Sylva back in the race as APC flagbearer.
Edo state
Edo state conducted its gubernatorial election alongside other states, during the general elections until 2007. After the April 14, 2007, gubernatorial election, Oserheimen Osunbor of the PDP was declared the winner of the Edo State governorship election. Dissatisfied with the result, Adams Oshiomhole of the Action Congress of Nigeria (ACN), challenged the outcome in court.
On March 20 2008, the Edo State election tribunal nullified the election of Oserheimen Osunbor and declared Oshiomhole the winner.
Since then, the state began participating in off-cycle elections starting in July 2012. Others were conducted in September 2016, and September 2020 and the next one is scheduled to hold by 2024.
Ekiti state
After the April 2007 gubernatorial election in Ekiti state, INEC declared Segun Oni, PDP’s candidate as the elected governor. Dissatisfied with the declaration by INEC, Kayode Fayemi, Oni’s main opponent and candidate of the ACN, approached the tribunal on the election result. By October 2010, after three years of being governor, the appellate court ruled in favour of Fayemi by dismissing Segun Oni’s victory and ordering the conduct of a fresh election.
Subsequent governorship elections in the state have been held in 2014, 2018 and 2022. The next election is scheduled to hold by 2026.
Kogi state
On April 14, 2007, Kogi state conducted its gubernatorial election and in the end, Ibrahim Idris was declared the winner. Idris was running for the second term while Abubakar Audu of the All Nigeria Peoples Party (ANPP) was an opponent. After Idris was declared winner, Audu petitioned the tribunal. He told the tribunal that his name had been wrongfully excluded from the list of candidates that were supposed to contest at the polls. He pursued the case till the Appeal court.
Although the election was nullified, calling for the conduct of a fresh election, Ibrahim Idris won the election. On March 29, 2008, he was re-elected as the Governor of Kogi State.
Subsequently, the state held its off-cycle election in 2012, 2016, and 2020. The next governorship election in the state is scheduled to hold on November 11, 2023.
Ondo state
Ondo state’s tale is not different from other states where one of the contestants approached the court after the 2007 gubernatorial election. Olusegun Agagu, the incumbent governor and candidate of the PDP, sought re-election and won. The re-election was however challenged in court by Olusegun Mimiko, the then-candidate of the Labour Party.
In 2009, the tribunal and the Court of Appeal acknowledged the election and ruled that Olusegun Mimiko was the actual winner of the polls. He was sworn in as the governor in February 2009.
Afterward, the state conducted elections in October 2012, November 2016, and October 2020. The next election would hold in 2024.
Osun state
In 2007, INEC declared Olagunsoye Oyinlola of the PDP, as the winner of the Osun state gubernatorial election. Dissatisfied with the electoral process and declaration, Rauf Aregbesola, candidate of the ACN, challenged the election outcome in the tribunal. By 2010, after three years of legal battle, the appellate court eventually declared Rauf Aregesola as the duly elected governor of Osun state. The state has henceforth conducted its off-cycle elections in August 2014, September 2018, and July 2022.
Imo state
Imo state joined the “off-cycle” elections pattern in 2019 when Hope Uzodinma of the APC, having come fourth in the gubernatorial election, challenged the victory of Emeka Ihedioha, the PDP candidate.
The legal tussle went from the election tribunal to the Supreme Court. On January 14, 2020, the supreme court declared Uzodimma the duly elected governor of the state, and was immediately sworn in. The state has not participated in any off-cycle election and is expected to conduct its first off-cycle election on November 11, 2023.
Conclusion
Peter Obi’s case was unprecedented— as he spent three years (2003 to 2006) in court to reclaim his mandate. Thereafter, he got impeached, approached the court and was eventually reinstated. He won his reelection and governed Anambra state till the end of his tenure in March 2014. This signified that every candidate can approach the court, if not satisfied with the electoral umpire’s result.
At the end of the 2007 general elections, about six states approached the election tribunal to overturn the decision of the electoral umpire and called for fresh elections. For the states where the opponents won in court, they went on to conduct fresh elections and eventually created the “off-cycle election” pattern.
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