“INEC Concerns Over Section 65 Electoral Act Interpretations” — Yakubu Announces Guidelines To Address Declaration And Return Issues

The Independent National Electoral Commission INEC, has expressed concerns over the various interpretations being given to Section 65 of the Electoral Act 2022 on the review of election results.

According, the commission said it 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.

INEC chairman, Prof. Mahmood Yakubu who disclosed this on Tuesday in Abuja at the second quarterly consultative meeting with Resident Electoral Commissioners RECs, also asked them to furnish him with their plans to decongest large polling units in their states in order to enhance voter access.

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, INEC said the provision had been given varied interpretations.

Speaking at the meeting, Yakubu said; “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.

“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 and other platforms for public information”.

Yakubu had throughout last week, met with leaders of Political Parties, Civil Society Organizations, the Media as well as the Inter-Agency Consultative Committee on Election Security ICCES.

Charging the RECs to be diligent in the discharge of their duties, Yakubu said their jobs are already well cut out for them, adding that they must not wait for an election before they begin to make preparations.

He said; “I am glad to note that we now have RECs in all the States of the Federation and the Federal Capital Territory FCT. I wish to remind you that your work does not begin as the General Election approaches. You are full-time Commissioners. There are policy and procedural issues already determined by the Commission which you need to implement without prompting from the Headquarters in Abuja. Some of you are already doing so, but you need to intensify your effort.

“You do not need an elaborate conference or workshop to build the capacity of your staff to improve on their knowledge of new policies and practical innovations introduced by the Commission to improve electoral service delivery to Nigerians.

“You also need to provide us with information on your plans to enhance voter access to polling units by decongesting some of them or in other areas such as the cleaning-up of the voters’ register, deepening our engagement with electoral stakeholders at State and Local Government levels, the management of electoral logistics and election security.

“I wish to remind you that elections and electoral activities take place in the States of the Federation and your role as managers of personnel and resources is critical for success”.

He said the RECs can only effectively discharge their responsibilities when they are knowledgeable and committed.

Yakubu recalled that the Commission had already announced dates for a number of elections and electoral activities.

“For the next one year (16th August 2025 to 8th August 2026), the Commission is holding five major elections. These are the bye-elections in 12 States of the Federation on 16th August 2025, the Anambra State Governorship election on 8th November 2025, the Area Council elections in the FCT on 21st February 2026, the Ekiti Governorship election on 20th June 2026 and the Osun State Governorship election on 8th August 2026. The Commission has released the Timetable and Schedule of Activities for these elections and some of the activities have already been carried out, the latest being the commencement of campaign by Political Parties in Anambra State, the publication of the Notice of Election for the Ekiti State Governorship election and the conclusion of party primaries for the FCT Area Council elections.

“Turning to electoral activities, the Continuous Voter Registration CVR resumes nationwide on 18th August for online pre-registration and 25th August 2025 for in-person registration. However, the CVR in Anambra State will resume next week and will be held simultaneously in all the 326 Wards in the State. This will enable the Commission to conclude the exercise and compile the new voters’ register not later than 90 days before the date fixed for the election as provided by law. You will be updated on the implementation plan at this meeting. The detailed timetable and locations of the CVR have already been made public by the Commission”, he added.