Mahmood Yakubu, chairman of the Independent National Electoral Commission (INEC), says the commission will soon issue new regulations to provide clarity on Section 65 of the Electoral Act 2022, amid growing concerns over its interpretation.
Speaking on Tuesday, July 1, during a consultative meeting with resident electoral commissioners (RECs) at the INEC headquarters in Abuja, Yakubu said the commission is aware of the multiple meanings being ascribed to the section, which grants INEC the power to review election results declared under questionable conditions.
“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 stated.
Section 65 of the Act empowers INEC to, within seven days, review election results in instances where a returning officer may have made a declaration under duress or in violation of electoral laws. The section reads, in part:
“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.”
Yakubu said that to ensure clarity and avoid ambiguity, the commission would issue supplementary regulations to guide its application.
“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,” he said.
“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 emphasized the importance of taking initiative and responsibility at the state level. “You are full-time commissioners and should already be implementing existing policies,” he said.
He called for strengthened efforts in staff training, stakeholder engagement, logistics planning, and coordination with security agencies to ensure credible and efficient elections.
Yakubu also welcomed six new RECs to the commission, expressing satisfaction that all states and the Federal Capital Territory (FCT) now have appointed commissioners. He concluded by noting that the success of upcoming elections depends heavily on the dedication and initiative of the RECs.
