The chairman of the Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu, has announced that the commission will soon release fresh regulations to provide clarity on Section 65 of the Electoral Act 2022.
Yakubu made this known on Tuesday during a consultative meeting with resident electoral commissioners (RECs) at the INEC headquarters in Abuja.
He noted that the commission is aware of the varied interpretations being given to Section 65, which empowers INEC to review election results declared under questionable circumstances.
Clarifying Section 65 of the Electoral Act
Section 65 of the Act empowers INEC to, within seven days, review election results where a returning officer had made an illegal return under duress.
The section states:
“(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.”
Yakubu noted that the provision had attracted different interpretations, prompting the need for further clarity.
“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.”
Call to Action for RECs
Addressing the RECs, Yakubu urged them to take ownership of electoral processes in their states, stressing that they should not 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.
Yakubu also welcomed six new RECs, expressing delight that all states and the FCT now have commissioners. He emphasized that the success of future elections would depend heavily on the commitment and initiative of the RECs.
