What happens after INEC declares a winner?

By Adegboyega Adeleye

After the Independent National Electoral Commission (INEC) declares a winner of the presidential election, the Commission must publish the candidates’ scores and the name of the person returned as elected.

The winner is then issued a certificate of return, while the election result may still be challenged through the legal process.

The declared winner does not begin the presidential term immediately. Under the Constitution, the four-year term begins when the president-elect takes the oaths of allegiance and office.

What is a certificate of return?

INEC must issue a sealed certificate of return to a candidate returned by the returning officer within 14 days. The certificate formally records that the candidate has been declared elected. INEC must also publish a notice showing the candidates’ scores and who was returned.

Can the result be challenged?

Yes. A candidate or political party that participated in the election may file an election petition. For a presidential election, the Court of Appeal hears the petition. The Constitution requires an election petition to be filed within 21 days after the result is declared.

Separately, the Electoral Act gives INEC power to review a declaration or return within seven days if it receives a report from its officials and is satisfied that the declaration was made under duress or knowingly and wilfully contrary to specified result-verification procedures.

When does the winner take office?

The winner takes office after being sworn in at the start of the new presidential term. The Constitution provides that a president’s four-year term begins on the date the president takes the oaths of allegiance and office. So, the declaration makes the winner president-elect; the inauguration begins the term.