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INEC beyond endless reforms
The recently released Supplementary Regulations and Guidelines for the Review of Election Results by the Independent National Electoral Commission (INEC) is a welcome development. It is a step towards addressing some of the many issues that have recently plagued Nigeria's electoral process. However, beyond such publications and reform pledges, INEC must urgently confront the deeper, systemic issues that have eroded public confidence in the Commission.
The release of the new manual appears to be INEC's latest response to the wave of criticism that followed the 2023 general elections and subsequent state polls. In it, the Commission clarified parts of the Electoral Act 2022, particularly Section 65. It is important to note that this manual does not introduce new rules. Instead, it amplifies and, belatedly, explains the Commission's existing powers under the law.
Earlier this year, INEC also presented a 142-point reform proposal to the National Assembly. According to the Chairman, Professor Mahmood Yakubu, eight of those proposals would require constitutional amendments. This signals a broader reform agenda. Yet, as always with Nigerian institutions, good intentions must be measured against implementation and integrity.
A key highlight of the new manual is INEC's reaffirmation of the provisions of Section 65 of the Electoral Act 2022. This section gives returning officers the final say on issues such as unmarked or rejected ballot papers and the declaration of results. It also empowers the Commission to review such declarations within seven days where there are complaints or evidence of irregularities, provided such declarations were not made voluntarily or in accordance with the law, regulations, or guidelines. Furthermore, a court or election tribunal retains the authority to review decisions under this section through legal petition.
In essence, Section 65 gives INEC significant regulatory authority over the conduct of elections. It also places a heavy burden on the Commission to ensure transparency, legality, and due process throughout the electoral cycle. The section is meant to serve as a safeguard against hasty or manipulated result declarations, but INEC's reluctance to enforce it in 2023 left many voters disillusioned.
This brings us to the glaring question: if INEC has these powers, why did the 2023 general elections suffer such widespread and avoidable infractions? The elections, especially the presidential poll, were marred by operational failures that severely dented public confidence. Chief among them was INEC's failure to transmit results electronically as promised. At the peak of nationwide anticipation, INEC cited a technical failure of the INEC Result Viewing (IReV) portal and abruptly switched to manual transmission. That reversal, unconvincingly explained, left many Nigerians disillusioned.
To compound matters, the Commission failed to invoke its powers under Section 65 to pause or review disputed declarations. It simply went ahead with announcements, leaving political parties and voters with no recourse but to head to the courts.
Reports by both domestic and international observers confirmed several irregularities, including voter suppression, vote buying, and questionable campaign financing. The European Union's election observation mission, among others, highlighted how these malpractices undermined the credibility of the elections. The ultimate letdown, however, was INEC's inability - or unwillingness - to utilise its much-touted IReV facility. This single failure deepened the public's mistrust of the entire electoral process.
Given the high stakes of leadership contests, INEC should have better appreciated the sensitivity of the 2023 polls. It could have invoked the seven-day review window under Section 65 to address the numerous complaints. Instead, the Commission's posture gave the impression of indifference or helplessness at a critical moment in Nigeria's democratic journey.
Many Nigerians still believe that had INEC acted swiftly within its review powers - or at least addressed the IReV breakdown more transparently - the credibility of the presidential results could have been salvaged. But that window passed without action.
Looking ahead, it is not enough for INEC to continue issuing reforms and guidelines without addressing the attitude and operational weaknesses that undermine them. The forthcoming off-cycle elections in Anambra, the FCT, Osun, and Ekiti as well as the several other bye-elections will be crucial tests of whether the Commission has learnt anything from its past failures. These elections must not be business as usual. Nigerians will be watching closely to see if INEC has restored its credibility and is genuinely preparing for a more credible 2027 general election.
INEC must not abdicate its constitutional responsibility to manage elections with transparency, competence, and fairness. The Commission's future is not just in policy documents or manuals but in the consistent and impartial application of the law.
Nigerians can only hope that INEC's reform agenda, including the newly released manual, will translate into credible elections and restore public trust in the nation's democratic process.
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