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 and the certified true copy may be in printed or electronic format.

(4) A collation officer or returning officer at an election shall collate and announce the result of an election, subject to his or her verification and confirmation that the -

(a) number of accredited voters stated on the collated result are correct and consistent with the number of accredited voters recorded under section 47 (2) of this Act and transmitted directly from polling units; and

(b) votes stated on the collated result are correct and consistent with the votes or results recorded and transmitted directly from polling units under section 60 (4) of this Act.

(5) Subject to subsection (1), a collation officer or returning officer shall use the number of accredited voters recorded under section 47 (2) of this Act and transmitted directly from polling units under section 60 (5) of this Act to collate and announce the result of an election if a collated result at his or a lower level of collation is correct.

(6) Where during collation of results, there is a dispute regarding a collated result or the result of an election from any polling unit, the collation officer or returning officer shall use the following to determine the correctness of the disputed result -

(a) the original of the disputed collated result for each polling unit where the election is disputed;

(b) the Smart Card Reader or other technological device used for accreditation of voters in each polling unit where the election is disputed for the purpose of obtaining accreditation data directly from the Smart Card Reader or other technology device;

(c) data of accreditation recorded under section 47(2) and transmitted directly from each polling unit where the election is disputed as prescribed under sections 47 (2) and 60 (5) of this Act; and

(d) the votes and result of the election recorded and transmitted directly from each polling unit where the election is disputed, as prescribed under section 60 (5) of this Act.

(7) Where the disputed result under subsection (6) were otherwise found not to be correct, the collation officer or returning officer shall re-collate and announce a new result using the information in subsection (6) (a)-(d).

(8) Where the dispute under subsection (6) arose at the level of collation and the returning officer has satisfied the provision of subsection (6) (a)-(d), the returning officer shall accordingly declare the winner of the election.

(9) A returning officer or collation officer commits an offence if he intentionally collates or announces a false result and is liable on conviction to imprisonment for a term not less than 10 years without an option of fine.