There is one thing Nigerians should not have to wait until after an election to understand: what the figures on the result sheets actually say.
But does INEC’s authority to declare election results mean ordinary Nigerians cannot publish results already announced at polling units?
Dr Olisa Agbakoba, SAN, argues that these are two different things. In a letter dated 12 October 2026 to the Independent National Electoral Commission (INEC), he makes the case that citizens and journalists should be able to report publicly available election results accurately without taking over INEC’s statutory responsibility.
This is an important question ahead of the 2027 General Elections.
Many people assume that if INEC is the body responsible for declaring election results, nobody else should be allowed to publish or discuss the figures until the Commission makes its final declaration. But, that seems to not be the case. Declaring an election result is not the same as reporting information that has already entered the public domain. Dr Agbakoba argues that citizens who report figures from authentic INEC records do not automatically assume INEC’s role.
So, where does the law draw the line?
In his letter, Dr Agbakoba examines Section 25 of the Electoral Act 2026, which addresses relevant electoral functions, alongside Section 39(1) of the Constitution of the Federal Republic of Nigeria 1999, as amended. Section 39(1) protects freedom of expression, including the freedom to receive and share information. His argument is that this constitutional protection deserves consideration when determining whether Nigerians can communicate electoral information already made publicly available. He also refers to Section 124(4) of the Electoral Act 2026, which provides a basis for addressing false information in circumstances specified by law.
In plain English, the argument is not that anybody should be free to manufacture figures, misrepresent results or declare themselves the winner. It is that accurate reporting of verifiable information should be distinguished from the formal declaration of results.
What about IReV and the actual result sheets?
IReV means INEC Result Viewing Portal. It is the platform through which the public can view polling-unit result sheets uploaded by INEC. Form EC8A is the polling-unit result sheet on which votes recorded at a polling unit are documented. The letter also refers to Forms EC8B to EC8E as part of the wider set of electoral records.
Dr Agbakoba argues that making these records available serves little purpose if citizens can view them but are discouraged from discussing, comparing or reporting what they show.
Imagine two publicly available result sheets showing different figures for the same electoral process. Should citizens be able to point out the discrepancy and ask questions, provided they accurately identify their sources?
His letter proposes meaningful access to electoral records, clearer guidance on responsible reporting and transparent procedures for identifying and resolving discrepancies between polling-unit records, uploaded documents and collated results. He also asks INEC to set clear benchmarks for timely publication of verified results, including publication within two hours of the close of polls or completion of counting at the relevant stage, where feasible. This is a recommendation, not a claim that such a deadline is already required by law.
There is a historical reference worth considering, too.
In his letter, Dr Agbakoba cites Nigeria’s June 12, 1993 presidential election as an example of the importance of publicly accessible electoral information in helping citizens follow the electoral process. He also discusses a 1984 High Court of Lagos State decision in Nigeria Union of Journalists & 2 Ors. v. Inspector-General of Police & 3 Ors., concerning the publication of election results already announced at polling centres. He argues that the decision supports the distinction between declaring final results and communicating results lawfully made public. He qualifies his account by stating that, to his knowledge, the decision has not been appealed.
Of course, there is a genuine concern on the other side. False results circulating online can mislead voters, inflame tensions and create confusion before INEC completes its work. Public reporting must therefore be accurate, sourced and clear about whether figures are preliminary, verified or final. That concern deserves to be taken seriously. But suppressing accurate information and preventing the spread of false information are not necessarily the same solution.
The bigger question is whether greater transparency, backed by clear rules and reliable records, can strengthen public confidence rather than weaken it.
Dr Agbakoba’s letter puts specific proposals before INEC on access to records, reporting rights and the timely publication of results.
What exactly does the 1984 court decision say about who may publish election results? And what measures is Dr Agbakoba asking INEC to consider before the 2027 elections?
Read the full letter below
