Off-cycle elections for Ekiti State Governorship and Rivers South-East Senatorial bye-election were both held on Saturday, June 20, 2026, alongside other bye-elections in Enugu, Nasarawa, Ondo, Kebbi, and Kano.
INEC & Constitutional Grounds for Voiding an Election
In Nigeria, an election can be voided by the courts if electoral malpractices breach the 1999 Constitution (as amended) and the Electoral Act 2022.
Key provisions INEC and tribunals rely on:
Electoral Act 2022
Section 24 – Adjournment in case of emergency: If there’s over-voting, violence, or disruption at a polling unit, INEC can cancel results for that unit.
If it affects the overall outcome, the entire election can be declared inconclusive/void.
Section 47 – Accreditation with BVAS: Only voters accredited by the Bimodal Voter Accreditation System can vote.
Failure of BVAS, or votes exceeding accredited voters = over-voting, which voids affected polling units.
Section 51 – Over-voting: Where votes cast exceed accredited voters, the result of that polling unit is cancelled. If widespread, it can void the election.
Section 60 & 64 – Collation & Result Manipulation: Wrongful collation, alteration of results, or refusal to transmit results electronically can void results.
Issues of “collation and result manipulation” are recurring concerns.
Section 65 – Review of results by INEC: INEC can review declarations made under duress or contrary to law and void them.
Section 127-132 – Electoral Offences: Vote-buying, ballot box snatching, voter intimidation, and violence.
Police in Ekiti mapped 460 flashpoints and vowed “iron-fist on vote-buying, thuggery”.
1999 Constitution of Nigeria (as amended)
Section 285 – Election Tribunals: Grants tribunals jurisdiction to determine whether any person was validly elected. Grounds include:
Candidate not qualified at time of election
Election invalid by reason of corrupt practices or non-compliance with Electoral Act
Respondent not duly elected by majority of lawful votes
Section 135 & 180 – Majority of lawful votes: If malpractices mean a candidate didn’t actually score the majority of lawful votes, the election is voided.
Common malpractices that lead to voiding
Over-voting
Electoral Act s.51; s.47 BVAS rule
Cancellation of polling unit; if substantial, whole election void
Ballot box snatching/destruction
Electoral Act s.128; Constitution s.285
Results from affected PUs cancelled
Violence/Voter intimidation
Electoral Act s.24, s.128
INEC can adjourn/cancel; tribunal can void if widespread
Vote-buying
Electoral Act s.121
Criminal offence; can void if it substantially affected result
Non-use or malfunction of BVAS
Electoral Act s.47
Over-voting presumed; results cancelled
Falsification of results
Electoral Act s.64, s.120
INEC review or tribunal nullification
Exclusion of voters/PVC issues
Electoral Act s.10; Constitution
If Continuous Voter Registration/CVR disenfranchises many, grounds for petition
. Recent Context: Ekiti & Rivers, June 20, 2026
Ekiti Governorship 2026
INEC deployed BVAS + backup devices and said “any malfunctioning device can be replaced within minutes”.
Voting commenced ∼ 8:30am; BVAS accredited first voters in∼ 10 seconds.
Deputy Governor said “nobody is being intimidated” and INEC/security “really prepared”. But CSOs had earlier scored INEC’s preparedness at 34% as of April 2026.
11-16 parties contested.
Rivers South-East Senatorial Bye-election
Held to fill vacancy after Senator Barry Mpigi’s death.
858,573 registered voters across 1,629 polling units.
INEC REC said Action Alliance, APC, Labour Party, PDP inspected materials.
However, AIT reported that PDP, LP, ADC “have no candidates” in Rivers Assembly
bye-elections, leaving APC as sole contender, sparking criticism about one-party election.
. How an Election Gets Voided in Practice
INEC action on Election Day: Cancel polling unit results for over-voting, violence, BVAS failure.
INEC review: Under s.65, INEC can void a declaration made under duress or error before issuing a Certificate of Return.
Election Tribunal: Aggrieved candidates file petitions within 21 days. If the tribunal finds substantial non-compliance with the Electoral Act or Constitution s.285, it voids election and orders rerun.
Note: INEC emphasized BVAS for accreditation and only PVC holders can vote. Any breach is a key ground for voiding.
– Benjamin Ibrahim writes from Lokoja, Kogi state.
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