nomination day. This provision will alter the period so that polling day may be between 42 and
63 days after nomination day.
•
This will extend the time between the day of calling for elections and the polling day, giving
more time for preparations, fulfilment of certain legal requirements under the Act and also more
campaign time for candidates and participants.
•
Setting Possible Presidential Run-Off Election in Advance: The clause requires the
President to specify in advance of the first election the date on which a Presidential run-off poll
must be held in a presidential election if none of the candidates succeed in getting more than 50
per cent of the votes cast in the first round. In other words, the date will not be set after (but
before) the first round of Presidential elections. This must be read in conjunction with provisions
of Section 110 which require the Presidential Run-Off election to be held on “a fixed date not
less than twenty-one and not more than sixty-three days [this should be forty-two
days] after the polling day or last polling day”. The date cannot be more than 42 days or
less than 21 days after the polling day of the first round of elections. This will prevent the risks
that exists under the present system that the timing might be manipulated in view of the results
of the initial presidential election. It will also mean that by the time the candidates are setting
out for the run-off election, there is no chance that one of the contestants will also be the rulemaker in terms of when the run-off election will be held. Having the date set in advance means
everyone is certain and clear about the timing and other candidates are not liable to be held at
ransom by one candidate who may set a date that suits his or her advantage.
•
It’s worth noting that in Ghana, which has a similar system, the clause is a lot simpler. It
requires the Presidential-Run-off election to be held within three (3) weeks of the first round of
elections. This allows for a quick resolution of the Presidential contest. There is no need to have
a long waiting period between the first election and the run-off – it only provides opportunities
for manipulation and intimidation. The need to prepare for the run-off cannot be used as an
excuse for the lengthy interval because the country must have back-up measures in place to
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