Section 61
RecountA candidate or a polling agent may, where present at a polling unit when counting of votes is completed by the presiding officer, demand to have the votes recounted provided that the presiding officer shall cause the votes to be so recounted only once.
The provision provides for recounting of votes at polling units. The law is that such recount can only be done once. Once this is done and the election result has been declared by INEC, only a court can order a recount based on a candidate’s request in an election petition proceedings.
On whether a petitioner can demand a recount of votes or ask an Election Petition Tribunal to order the same
CHIMEZIE & APC V. INEC OSONWA & LP (EPT/AB/HR/24/2023) (Unreported) Citing PAM & ANOR V. JIBA & ORS. (2019) LPELR 48436 (CA) P. 30-33 PARAGRAPH C The Tribunal was of the opinion that nothing in section 61 of the Electoral Act 2022 precludes it from making or granting an order for recounting of ballot papers on the application of petitioners. In the cited Court of Appeal Case, the Court held that an election tribunal can order a recount of the ballot papers used in an election subject to the case presented in the election petition. It added that if it decides to order a recount of the ballot papers, it is a better practice that an official of INEC would be ordered to do the recounting in open court in full glare of the public.
See also: SA’EED V YAKOWA (2013) NWLR (PT.1352) 7 AT 133
PAM & ANOR v. JIBA & ORS (2019) LPELR-48436(CA)“Where the complaint is that the figures on the polling unit result sheet (Form EC8A) is more or lesser than the ballot papers used for the poll, the Tribunal can in the interest of justice order that the said ballot papers be recounted. The Tribunal can make any order that will aid the doing of substantial justice in a case before it. It is an order it can make as part of the power given to it by S.140(3) of the Electoral Act as amended to determine if a candidate who was returned as elected, scored the majority of the valid votes cast at the election.”
