Can Media Share Election Results Before INEC Makes It Official?

To understand this issue, we need to look at how election results are managed. Election results are first announced at polling units. They are then made public through verbal announcements and the posting of result sheets. This public announcement is meant to ensure transparency. Once the results are announced at the polling unit, they become public information.

Also, the INEC Result Viewing Portal (IReV) was created to make the electoral process more transparent. The goal is to make results available to citizens and stakeholders. This way, people can follow how results are managed and reduce chances of manipulation during collation. In this light, the media can report results that have already been announced at polling units since those results are already in the public domain.

This is especially important because many people have concerns and distrust about how results are managed. In the past, the collation stage has often been seen as the weakest part of the electoral process. This is often when political actors may try to change outcomes. Media and citizen oversight serve important purposes:

1. It protects INEC from political pressure. Electoral management bodies often face pressure from powerful political interests. When results are publicly announced, documented, and collected by independent observers and media, it becomes harder to change them. Public knowledge of results helps INEC resist undue pressure and maintain the process's integrity.
2. It strengthens the integrity and credibility of the electoral process. Independent reporting, monitoring, and collection of polling unit results create more transparency and accountability. This builds public confidence in the process and discourages manipulation.

INEC is the constitutional authority that can declare election results and officially declare a candidate as elected. Declaration is more than just publishing polling unit outcomes; it is a formal legal announcement that a candidate has won an election. Until INEC makes that declaration, no candidate can be seen as having won the election.

At the same time, we need to differentiate between announcing results and declaring a winner. INEC is the only authority that can declare election results and say a candidate is elected. Declaration goes beyond simply publishing results from polling units; it is the official legal announcement that a candidate has won. Until INEC makes that declaration, no candidate can be deemed the winner.

But reporting results that have been announced at polling units does not mean declaring a winner. The media can report and analyze these publicly available results, as long as it is done responsibly and accurately. That said, media organizations must be aware of how the results management process works. During collation, various factors can affect the final outcome. INEC may cancel results if there is confirmed over-voting. Adjustments can also happen in polling units where elections were disrupted or postponed due to violence or other issues. These factors are considered during collation and can impact the final results.

For example, there are legal requirements candidates must meet before they can be declared as winners. It is possible for election results to be announced without immediately declaring a winner if these legal requirements have not been fulfilled. In presidential and governorship elections, the Constitution requires a candidate to not only get the highest number of lawful votes but also at least 25 percent of the votes in no fewer than two-thirds of the states for presidential elections, or two-thirds of the local government areas for governorship elections.

Publishing false or misleading results can harm public trust and lead to real consequences. However, when the media responsibly reports results that have been officially announced by INEC, it helps transparency, strengthens public oversight, and supports democratic accountability without interfering with INEC’s duty to declare a winner.

To check if these conditions are met requires a thorough assessment of the final results, and this job belongs solely to INEC. This highlights the difference between reporting results and declaring a winner. While the media can share and aggregate results that have been announced at polling units, only INEC can confirm if all legal requirements have been met and officially declare a candidate as the winner.

This is why everyone, including the media, should wait for INEC to finish the collation process and make its official announcement before declaring winners. Reporting results that have been announced by INEC at different levels is different from declaring an election outcome. The former helps transparency and public oversight, while the latter is the exclusive job of INEC.

So, media organizations can responsibly share and aggregate officially announced results. But they must be careful not to present these as the final election outcome. Until INEC officially declares a winner, all reported figures should be seen as part of an ongoing results management process. Everyone involved, including the media, civil society organizations, and observers, must work according to the principles of integrity, professionalism, accuracy, and ethical conduct.

Publishing false or misleading results can damage public trust and attract serious consequences. But when the media responsibly reports results that have been officially announced by INEC, it boosts transparency, strengthens public oversight, and supports democratic accountability without stepping on INEC’s constitutional duty to declare a winner.