INEC Moves To Clarify Review Of Declaration, Return Of Winners At Elections

The Independent National Electoral Commission (INEC) said it was working on an addition 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, Professor Mahmood Yakubu stated this at the second quarterly consultative meeting with Resident Electoral Commissioners (REC) in Abuja, on Tuesday.

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

It 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.”

Yakubu said the Commission was concerned with the various interpretations given to the provision of Section 65 of the Electoral Act 2022 on the review of election results, ahead of the 2027 and other forthcoming elections.

“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,” he said.

Yakubu told the RECs that the Commission had announced the 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,” he added.