Section 72
Certificate of return(1) A sealed certificate of return at an election in a prescribed form shall be issued within 14 days to every candidate who has been returned by the returning officer in an election under this Act:
Provided that where the Court of Appeal or the Supreme Court being the final appellate court in any election petition, as the case may be, nullifies any candidate’s certificate of return, the Commission shall within 48 hours after receipt of the court’s order, issue the successful candidate with a valid certificate of return.
(2) Where the Commission fails, refuses, or neglects to issue the certificate of return under subsection (1), a certified true copy of the order of the court shall, by that very fact, be sufficient for the purpose of swearingin a candidate declared as the winner of the election by that court.
This provision ensures that winners of election receive their Certificates of Return which is proof of their win.
Subsection (1) enlarges the timeframe for issuing a certificate of return. It states that a sealed Certificate of Return at an election in a prescribed form shall be issued within 14 days to every candidate who has won an election under the Act. Under the repealed 2010 Act, INEC had only 7 days to issue the certificate.
When the final appellate court in an election petition nullifies the certificate of return issued to a previous candidate, INEC has 48 hours to issue a fresh certificate of return to the candidate the court has held to be the rightful winner of the election.
However, subsection (2) allows the swearing in of the winner using a certified copy of a court order in cases where INEC has failed to provide the certificate of return as provided.
INAH & ANOR. V. WILLIAMS & ORS. (2016) LPELR -40128 (CA) at 12 -13, Paras. F-E
A certificate of return shall not be issued without the election process being completed
with
the collation of results.
AONDOAKAA V. OBOT (2022) 5 NWLR (PT. 1824) 521 at 604, Para. F.
