As a Technology lawyer , I knew from the day BIVAS was introduced that INEC would have to deal more with the human element and would need time to improve the functionality of the electoral process after this 2023 election .
The Bimodal Voter Accreditation System, BVAS, is expected to help reduce the cases of manual manipulation of figures. However, achieving that goal has become a major concern to us due to some many underlying factors as we saw in this election
There were Several Lapses or Challenges That Were Encountered In This Last Election With the Implementation of the Transmission.
1. Infrastructure Challenges:
The BIVAS machine malfunctioned in several units , this could be as a result of limited internet coverage, unreliable power supply, and insufficient network connectivity in some utmost rural areas of Nigeria. These factors hindered the smooth and reliable transmission of electronic vote results.
2. Digital Divide:
We had a significant digital divide, with disparities in access to technology and digital literacy levels. This also resulted in unequal participation and understanding of the electronic voting process, particularly among marginalized communities or rural areas with limited access to the BIVAS machine .
3. Cybersecurity Risks:
There were many attempts to hack the INEC portal . Hence the risks of cybersecurity , such as hacking, data breaches and manipulation of results. Nigeria, obviously lack a robust cybersecurity measures and expertise to effectively mitigate these risks in future , making the electronic voting system vulnerable to attacks.
4. Trust and Transparency:
Building trust and ensuring transparency in the electronic voting process was a challenge. Before and after the election, we faced skepticism or concerns about the integrity and accuracy of the technology used, leading to doubts about the fairness of the electoral process and potential disputes over the results.
5. Capacity and Training:
Electoral officials and stakeholders may require training and capacity building to effectively operate and manage the electronic voting systems. There was lack of technical expertise and knowledge among election officers which hindered the successful implementation of electronic transmitted elections results .
6. Legal and Regulatory Frameworks:
Establishing comprehensive legal and regulatory frameworks to govern electronic transmitted elections is crucial. Nigeria lack clear legislation and regulations addressing electronic transmission of votes, including aspects such as data protection, privacy, verification mechanisms, and dispute resolution procedures.
For the next election, it’s important we start addressing these lapses with a holistic approach, including more infrastructure development and (or) the functionality of the BIVAS , cybersecurity measures, capacity building, public awareness campaigns, and collaboration with international organizations and experts to ensure a smooth and secure implementation of electronic transmitted elections votes in Nigeria.
It is not just the responsibility of INEC but other agencies like The National Information Technology Development Agency (NITDA) who can also play a crucial role in ensuring the successful implementation of electronic transmission of vote results in the the election.
We noticed that one of the main issues we had in this last election was the functionality of the BIVAS machine and also connectivity.
NITDA and (or ) NCC can work towards improving and expanding the necessary technological or infrastructure and connectivity across the country.
As I mentioned earlier they can start early enough to ensure the reliable internet access and network coverage in order to facilitate the electronic transmission of vote results smoothly and securely but then we may as well pushed some of this responsibility to NCC who should also create the Standards and Guidelines for such transmission.
NCC can establish standards and guidelines for the electronic transmission process. This involves setting requirements for the security, accuracy, and integrity of the systems used by INEC as well as ensuring compliance with data protection and privacy regulations.
Technical Support and Training:
These Agencies who supposedly should work with INEC to provide technical support and training to electoral officials and stakeholders involved in the electronic transmission of vote results by educating them on the proper use of technology, ensuring cybersecurity measures are in place to avoid the many hacking attempts encountered before the final results was announced in this 2023 election and offering assistance in all polling units in case of any technical challenges or issues that may arise for the next election.
Monitoring and Oversight:
There ought to be an independent role or agent for the monitoring and overseeing the electronic transmission process to ensure transparency, fairness, and integrity.
Which involves conducting audits, verifying the accuracy of the transmitted results, and addressing any concerns or irregularities that may arise in future .
It is also important to involve experts and not just volunteers who neither know how to upload or transmit results as seen in the last election where a returning officer with little or no Technology knowledge rather uploaded her picture by mistake instead of the vote results .
It is also important that NITDA , NCC and other Agents starts now to train ,collaborates and work closely with Independent National Electoral Commission (INEC), to establish effective mechanisms and frameworks for the next election vis a vis the electronic transmission of vote results and also address any potential challenges or risks associated with the use of technology in the electoral process.
For the Legal framework and the Implementation of Electronic Transmitted Elections in Nigeria, it is Crucial to Approach The Topic Objectively and Legally.
1. Legal Framework:
We must examine the existing legal framework in Nigeria that governs electronic transmitted elections. This may include laws related to technology, electoral processes, data protection, cybersecurity, and evidence.
2. Compliance with Laws:
We ought to analyze whether the implementation of electronic transmitted elections complies with the relevant Nigerian laws. Evaluate if the technology used meets the requirements set forth in these laws, including issues of security, accuracy, privacy, and transparency.
3. Evidence Admissibility:
We must explore the rules and standards of evidence in Nigeria, particularly in relation to electronic data and its admissibility in court. Consider any precedents or relevant cases that have addressed the admissibility of electronic evidence in similar contexts.
4. Burden of Proof:
We must discuss the burden of proof in relation to electronic transmitted elections. Examine whether the party asserting the validity or integrity of electronic voting systems should bear the burden of proof to establish their claims and the admissibility of witnesses on subpoena
5. Case Studies:
We must collaborate our studies with relevant case studies or jurisprudence from Nigerian courts or international jurisdictions that have dealt with similar issues. Analyze how these cases have interpreted and applied the law to electronic voting systems and their evidentiary implications.
6. Challenges and Solutions:
We must also identify the specific challenges and lapses that arise in the implementation of electronic transmitted elections in Nigeria. Offer potential solutions or recommendations based on Nigerian laws, international best practices, and expert opinions to address these challenges.
NITDA Act 2007
Evidence Act
Cybercrime (prevention, prohibition etc ) 2015
Data Protection Regulation 2019
Nigeria Communication Act 2003
Electoral Act 2010(S52)
Nigeria Constitution 1999.