The Chairman of the Independent National Electoral Commission (INEC), Professor Mahmood Yakubu, has expressed concerns about varying interpretations of Section 65 of the Electoral Act 2022, which addresses the review of election results. He explains that the commission is considering new guidelines to provide clarity on the law. At the meeting with Resident Electoral Commissioners
The Chairman of the Independent National Electoral Commission (INEC), Professor Mahmood Yakubu, has expressed concerns about varying interpretations of Section 65 of the Electoral Act 2022, which addresses the review of election results. He explains that the commission is considering new guidelines to provide clarity on the law.
At the meeting with Resident Electoral Commissioners (RECs) in Abuja, Professor Mahmood discussed the commission’s preparations for upcoming elections, including the Anambra off-cycle gubernatorial election.
The Chairman of the Electoral Commission stated that the commission is responsible for examining the complexities surrounding specific sections of the electoral law and further refining the law to prevent recurring ambiguities.
Section 65 of the Electoral Act 2022 allows INEC to review election results within seven days if the returning officer acted illegally under duress. This section means that INEC can examine decisions related to unmarked or rejected ballots, score declarations, and candidate returns to determine their legality and voluntariness.
The returning officer’s decision is final on issues concerning (a) unmarked ballots, (b) rejected ballots, and (c) declaration of candidate scores and returns.
The Commission has seven days to review the declaration and return. It can act if it finds the declaration was involuntary or broke election laws, rules, or guidelines.
“(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 proceeding under this Act.”
The electoral commission acknowledges that various interpretations of the law exist. Some political analysts argue that politicians could manipulate the ambiguous law to alter or delay legitimate results.
Professor Mahmood, who emphasized the importance of the INEC providing further clarity on the matter, stated that the commission is prepared to address any misunderstandings about the section of the law.
“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,” he said.
“The Commission is creating additional rules and guidelines to help explain how election results can be reviewed, as allowed by the Electoral Act.” 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.”
The INEC chairman, pleased with the completion of the RECs across the states, urged them to enhance their staff’s capacity independently and familiarise themselves with the commission’s upcoming policies.
“I wish to remind you that your work does not begin as the general election approaches. 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,” Professor Mahmood advised.
He further explained the other activities of the commission, stating that “the Continuous Voter Registration (CVR) resumes nationwide on 18th August for online pre-registration and 25th August 2025 for in-person registration.
However, Anambra State will resume the CVR next week, holding simultaneous sessions in all 326 wards of 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. This meeting will provide you with an update on the implementation plan. The detailed timetable and locations of the CVR have already been made public by the Commission.”
