THE INDEPENDENT NATIONAL ELECTORAL COMMISSION’S POWER OF REVIEW: CHALLENGES AND PROSPECTS

Abstract

The Independent National Electoral Commission (INEC) is responsible for conducting elections for State Houses of Assembly, governorships, the House of Representatives, the Senate and the Presidency. Nigeria adopts the independent model of electoral administration, which is intended to enable the electoral umpire to perform its functions without undue external influence and to review its administrative actions where necessary. In this regard, Section 65 of the Electoral Act 2026 provides for INEC’s power of review. The effective and impartial exercise of this power could strengthen the Commission’s independence and promote electoral integrity. Accordingly, this paper examines INEC’s power of review, its associated challenges and prospects, with particular focus on Section 65 in relation to Sections 44–64 of the Electoral Act 2026, which address aspects of the voting process. The paper adopts the doctrinal method of legal research, drawing on primary and secondary sources, including the Constitution of the Federal Republic of Nigeria 1999, the Electoral Act 2022, relevant statutes, judicial decisions, textbooks and journal articles. The findings reveal that INEC’s ability to exercise its power of review effectively during the 2023 general elections was constrained by the inadequacy of the seven-day timeframe, particularly because the 21-day period for filing an election petition begins on the date the returning officer declares the election result. The paper therefore advocates a more comprehensive legal framework to strengthen the effectiveness of INEC’s review powers. It recommends amending the Constitution and the Electoral Act to extend the review period to at least 30 days and to provide that the time for filing an election petition should commence only after INEC has concluded its review. Such reforms would enhance the practical effectiveness of the review mechanism and strengthen electoral integrity in Nigeria.