Section 62
Post-election procedure and collation of election results(1) After the recording and announcement of the result, the presiding officer shall deliver same along with election materials under security and accompanied by the candidates or their polling agents, where available, to such person as may be prescribed by the Commission.
(2) The Commission shall compile, maintain and update, on a continuous basis, a register of election results to be known as the National Electronic Register of Election Results which shall be a distinct database or repository of polling unit by polling unit results, including collated election results, of each election conducted by the Commission in the Federation, and the Register of Election Results shall be kept in electronic format by the Commission at its national headquarters.
(3) Any person or political party may obtain from the Commission, on payment of such fees as may be determined by the Commission, a certified true copy of any election result kept in the National Electronic Register of Election Results for a State, Local Government, Area Council, registration area or Electoral Ward or Polling Unit, as the case may be, and the certified true copy may be in printed or electronic format.
This section seeks to guarantee the safety of electoral materials and results of every
election as announced by the designated officer of the INEC by ensuring that same is
transmitted
to INEC office and kept in safe custody for the benefit of members of the public who may
apply
and obtain Certified True Copies of same whenever the need arises.
Read INEC V. ADELEKE (2019) LPELR-47545(CA)
The Section makes it mandatory for INEC to provide security to ensure that electoral materials used for the conduct of an election and the results of all elections are safely delivered to the designated office of the Commission in the company of candidates and Parties Agents present for safe keeping.
The Section makes it mandatory for INEC to provide security to ensure that electoral materials used for the conduct of an election and the results of all elections are safely delivered to the designated office of the Commission in the company of candidates and Parties Agents present for safe keeping.
Unlike under the repealed 2010 Electoral Act (S. 65), the 2022 Electoral Act in this section introduces the use of technology by making it mandatory for the Commission to establish the National Electronic Register of Results which is to be a distinct database to be kept at the National Headquarters of INEC wherein results of elections across the Federation are compiled, maintained and updated on a continuous basis. This section expands the old provision by mandating digital storage and archiving of election results by INEC at its national headquarters. This electronic register, which is to be known as the National Electronic Register of Election Results must contain results from every polling unit as well as collated results in every election conducted by INEC. Furthermore, any person or political party is allowed to obtain a certified true copy of the digitally stored election result from INEC.
INEC’s record management plays an important role in election transparency and institutional memory. Keeping records of manual election results is expensive and cumbersome. Digital record keeping would go a long way in addressing this.
On Post-election Procedure After Close of Voting
OYETOLA & ORS v. INEC & ORS (SC/CV/508/2023) (Unreported) Pg. 24-25 Per Agim, JSC ;
The Supreme Court in explaining the post-election procedure to be followed by INEC as contained in S.62 of the Electoral Act, 2022 held as follows;
“It is clear from the provisions of the regulation 38 (i) and (ii) that (the) collation system and results viewing portal are operational
during the election as part of the process, the National Electronic Register of Election Results is a post-election record and is
not part of the election process.
As I had held therein, there is no part of the Electoral Act requiring the presiding officer to transmit the accredited voters in a polling unit or the polling unit result during election to the INEC database as part of the election process. As stated in S.62 (1) of the Electoral Act, 2022.
After the recording and announcement of the result, the presiding officer shall deliver the same along with election materials under security and accompanied by candidates or their polling agents, where available, to such person as may be prescribed by the commission. This is to enable the commission to compile and maintain and update, on a continuous basis, a register of election results. This intention is clear from subsection (2) of S. 62 which provides that “the commission shall compile, maintain and update on a continuous basis, a register of election results to be known as the National Electronic Register of Election Results which shall be a distinct database or repository of polling unit by polling unit result, including collated election results of each election conducted by the commission in the Federation, the register of election results shall be kept in electronic format by the commission at its headquarters.”
On members of the public being entitled to apply for election results
INEC V. ADELEKE (2019) LPELR-47545(CA); CHIDOKA V. IBEZI (2020) 15 NWLR (Pt 1748) 369.Members of the Public are at liberty to apply and obtain Certified True Copies of election results from INEC upon payment of prescribed fees.
