INEC drafting new guidelines for reviewing declared election results, says Mahmood Yakubu

Mahmood Yakubu, chairman of the Independent National Electoral Commission (INEC), says the commission will soon release new regulations to clarify section 65 of the Electoral Act 2022.

Yakubu spoke on Tuesday during a consultative meeting with resident electoral commissioners (RECs) at the INEC headquarters in Abuja.

He said the commission is aware of the varied interpretations being given to the section, which empowers INEC to review election results declared under questionable circumstances.

SECTION 65 OF THE ELECTORAL ACT

Section 65 of the act empowers INEC to, within seven days, review election results where the returning officer had made an illegal return under duress.

The section provides that; (1) The decision of the returning officer shall be final on any question arising from or relating to— (a) unmarked ballot paper; (b) rejected ballot paper; and (c) declaration of scores of candidates and the return of a candidate:

“Provided that the Commission shall have the power within seven days to review the declaration and return where the Commission determines that the said declaration and return was not made voluntarily or was made contrary to the provisions of the law, regulations, guidelines, and manual for the election.

“(2) A decision of the returning officer under subsection (1) may be reviewed by an election tribunal or court of competent jurisdiction in an election petition proceedings under this Act”.

However, the electoral umpire said the provision had been given varied interpretations.

“As we approach the bye-elections, the off-cycle governorship elections and ultimately the 2027 general election, the commission is concerned with the various interpretations given to the provision of Section 65 of the Electoral Act 2022 on the review of election results,” Yakubu said.

“Pursuant to our powers to issue regulations, guidelines and manuals to give effect to the provisions of the Electoral Act and for its administration, the commission is working on a supplement to the Regulations and Guidelines for the Conduct of Elections 2022 to provide clarity on the review of declaration and return at elections.

“As soon as the commission takes a decision, perhaps as early as this week, the supplementary regulations and guidelines will be uploaded to our website.”

Addressing the RECs, Yakubu asked them to take ownership of electoral processes in their states, saying they are not to wait for instructions from the commission’s headquarters.

“You are full-time commissioners and should already be implementing existing policies,” he said.

He called for intensified efforts in staff training, stakeholder engagement, logistics planning and security coordination.

The INEC chair also welcomed six new RECs, while expressing delight that all states and the FCT now have commissioners.

Yakubu added that the success of future elections depends on the commitment and initiative of the RECs.