Imperatives for Electoral Change in Nigeria
Nigeria Elections 2019, Commonwealth Secretariat, Creative Commons
As Nigeria’s Electoral Bill 2021 goes through the legislative process, two stages of the electoral process have recently been the subject of serious controversy and acrimony. Much of the controversy is rooted in decades old efforts by the electoral umpire, the Independent Electoral Commission (INEC), at different times to adopt technological solutions to some of the problems besetting the country’s electoral process.
This article focuses on the imperative of utilising Information Technological (ICT) solutions in two vital stages of the electoral process: (i) the registration/identification of voters and authentication of voters’ cards at the polling stations; and (ii) the post-voting transmission of the results from each polling unit through to the final collation centres, coupled with publishing of the final results for each election.
Two factors are key – how to ensure that those registered in the voters’ database are the ones who vote in elections and that the actual polling results are communicated to the populace.
Leaving too much room for human intervention increases the possibility of manipulation in any sphere. This is no less true with regard to the electoral process. These issues underscore the need for ICT solutions in the interest of fostering credibility and transparency in elections and the entire electoral process in the outcomes they deliver.
The accuracy of the voter registration and authentication process can be facilitated through the electronic capture and validation of voter biometrics. Electronic posting and transmission of election results will also help prevent misinformation. Information is power and once the people have the requisite and correct information from credible channels, it will be difficult to overturn or manipulate such information.
Who has the power to undertake these two stages of the electoral process? What is the nature and extent of the power vested in those responsible for them? Should the appropriate authority choose to deploy ICT in elections, would it require the approval of any other person or institution? In other words, is the power vested by the Constitution circumscribed? These questions form the crux of the controversy.
“Leaving too much room for human intervention increases the possibility of manipulation in any sphere.”
Voter Authentication
Section 153 of the Nigerian Constitution vests INEC with powers to manage the electoral process. In a clear departure from previous statutes, the Electoral Bill 2021 provides for the use of a smart card reader or any other technological device that INEC may propose for voter authentication.
It will be recalled that the Supreme Court in Wike v Peterside impugned the use of card readers in the 2015 elections on the ground that it was not provided for in the applicable Electoral Act 2010. The Court held that the introduction of the card reader had not vitiated the manual accreditation of voters by the voters’ register and that the Electoral Act would have to be amended to accommodate the use of card readers.
Clause 48(3) of the Electoral Bill 2021 similarly provides for cancellation and rescheduling of elections within 24 hours in any polling unit where a smart card reader or other technological device for accreditation fails and is not replaced.
Transmission of Results
Clause 51(3) of the Bill provides that INEC “may consider electronic transmission of results provided that the national coverage is adjudged to be adequate and secured by the Nigerian Communications Commission (NCC) and approved by the National Assembly”.
Clause 61(5) provides that the transmission of results, including the total number of accredited voters and ballot result, shall be done “in a manner as prescribed by [INEC]”. Properly utilized, the authentication of voters’ identity by the card readers should help determine if the votes tally with the actual number of votes cast and expose any discrepancies.
During consideration of the Bill in the Senate, an amendment to the effect that INEC may transmit results of elections by electronic means where and when practicable was proposed. In the ongoing debate, there have been suggestions that the use of ICT in the transmission of election results by INEC must be approved by the National Assembly.
This is bizarre reasoning as the Constitution makes no provision to that effect. While INEC may choose to seek the opinion of the NCC or any other Agency, the Constitution does not make it mandatory. As for the legislature, it is an interested party regarding these issues as the different allegations that have come up in suits challenging the election of some members have shown. INEC should not lose sight of its independence in this matter.
Paragraph 15(a) of Part 1 of the Third Schedule to the Constitution empowers INEC to “organise, undertake and supervise” all elections to the offices named therein (which logically covers the production, transmission and ultimate declaration of results). Paragraph 15(e) similarly empowers INEC to “arrange and conduct the registration of persons qualified to vote and prepare, maintain and revise the register of voters for the purpose of … elections”.
These powers are unqualified. They are not to be exercised pursuant to an Act of the legislature. This is underscored by the fact that the power granted INEC to register political parties in Paragraph 15(b) of the Third Schedule is, in contrast, specifically said to be exercised in accordance with the Constitution and an Act of the National Assembly. In addition, there is the omnibus provision in paragraph 15(i) which empowers INEC to carry out such other functions as may be conferred upon it by an Act of the National Assembly.
Opting for transmission of election results by means of ICT is the way to go. Often, it is in the process of carrying the votes/ballot boxes to collation centres that many irregularities occur. These include hijacking and stuffing of ballot boxes, hijacking, mutilation and alteration of result sheets, as well as the attendant violence these activities engender.
“Opting for transmission of election results by means of ICT is the way to go.”
Challenges and A Fallback Option?
Doubtless, there will be glitches in the use of ICT tools. The solution does not lie in jettisoning their use altogether. What is important is for INEC to always have a ‘fallback option’. Where a card reader fails, for example, manual authentication of the voter ID can be done.
Lessons can be drawn from examples such as electronic banking and the electronic transmission of candidates’ results of university admissions that are in use across the country. The same approach can be taken with the electoral process.
Some jurisdictions have adopted hybrid manual and digital processes in the management of their electoral processes, which makes sense for the less technologically developed States.
A 2018 study on Kenya shows that its hybrid solution uses ICT in the Kenya Integrated Elections Management System for voter registration and authentication and manual methods for vote counting.
The Kenyan example also illustrates some of the challenges the use of ICT could raise. These include problems related to poor power supply, the huge financial cost of procuring equipment, and training the operators of the processes as well as securing data collected.
For these proposals to work in Nigeria, there will have to be clear rules about custody and control of the use of data like registrations. If what is fed into the ICT tools is correct, ICT will protect it.
If what is fed into these tools is not correct, there is not much ICT can do. It is therefore important that the personnel in charge are thoroughly vetted to guarantee the impartiality of INEC beyond merely taking the oath of loyalty and neutrality prescribed in clause 27 of the Bill.
Conclusion
The time is ripe for use of ICT in elections. It certainly makes the difference in the two stages of the process discussed in this article. As the system deploys these solutions, the required fine-tuning and adaptation to suit Nigeria will be undertaken. This is the challenge that lies before Nigeria’s legislature in its consideration of the Electoral Bill 2021.
