INEC to clarify controversial Section 65 of Electoral Act with new regulations

By Kunle Sanni –

The Independent National Electoral Commission (INEC) has announced plans to issue new regulations to clarify Section 65 of the Electoral Act 2022, a provision that has sparked legal debates over its interpretation.

INEC Chairman, Professor Mahmood Yakubu, disclosed this on Tuesday during a consultative meeting with Resident Electoral Commissioners (RECs) at the commission’s headquarters in Abuja.

Section 65 empowers INEC to review election results declared under duress or in violation of established laws and guidelines—within seven days of such a declaration. However, the clause has drawn mixed interpretations from political actors, legal practitioners, and observers since it was introduced in the amended electoral law.

“As we approach the upcoming bye-elections, off-cycle governorship elections, and eventually the 2027 general election, the commission is concerned with the various interpretations being given to Section 65,” Yakubu said.

To address the confusion, INEC is preparing a supplementary document to its existing 2022 Regulations and Guidelines for the Conduct of Elections. The supplement aims to provide clearer guidance on when and how the commission can exercise its power to review results after declarations have been made.

Yakubu emphasized that the initiative aligns with INEC’s legal mandate to issue regulations and manuals to ensure the smooth and lawful administration of elections.