By Okoi Obono-Obla
Section 63 of the Electoral Act, 2026: Safeguarding Electoral Integrity, Not Expanding Discretion:
The position canvassed by Mr. Michael Igini, former Resident Electoral Commissioner for Akwa Ibom and Cross River States, on Channels Television concerning the intention of the legislature in Section 63 subsections (1) and (2) of the Electoral Act, 2026—where he argued that it gives wide‑ranging discretionary powers to presiding officers to use ballot papers not issued by the Independent National Electoral Commission (INEC) during the 2027 general elections—has caused a stir but is not correct.
Section 63 provides as follows:
1. A ballot paper which does not bear the official mark prescribed by the Commission shall not be counted.
2. Where the returning officer is satisfied that a ballot paper which does not bear the official mark was from a book of ballot papers furnished to the presiding officer of the polling unit for use at the election in question, he or she shall, notwithstanding the absence of the official mark, count that ballot paper.
A holistic reading of these provisions shows that the legislature’s intention was not to empower presiding officers to admit ballot papers from outside INEC, but rather to prevent disenfranchisement where genuine INEC-issued ballots lack the official mark due to administrative oversight. The discretion is narrowly confined to returning officers verifying the authenticity of INEC ballot books.
Therefore, the interpretation ascribed by Mr. Igini is off the mark, as he did not apply the canons of statutory interpretation before arriving at his opinion. When interpreting the provisions of a statute, one must embark on a holistic and community reading in order to properly infer the intention of the legislature.
Conclusion: Section 63 subsections (1) and (2) of the Electoral Act, 2026, safeguard electoral integrity by ensuring that only INEC-issued ballots are valid, while also protecting voters from being disenfranchised due to administrative lapses. Any interpretation suggesting otherwise misconstrues the legislature’s clear intention.
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