The Electoral Act 2022 introduced several novel provisions aimed at enhancing transparency and credibility in Nigeria’s electoral process. Chief among these innovations is the electronic transmission of election results directly from polling units to the Independent National Electoral Commission (INEC) database or backend server, referred to as the National Electronic Register of Election Results. This process includes uploading scanned copies of polling unit results (Form EC8A) to the INEC Results Viewing (IREV) Portal for public access on election day. Additionally, the Act mandates the use of the Bimodal Voter Accreditation System (BVAS), an electronic device used for accrediting voters and transmitting voter accreditation data and results to the approved INEC electronic platforms.
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These technological advancements were deployed during the Edo State gubernatorial election held on September 21, 2024. However, the election highlighted several issues that demand a critical review to clarify the lawmakers’ intent in enacting these provisions and the judiciary’s role in interpreting them.
The petition filed by Asue Ighodalo before the election tribunal centers on allegations of non-compliance with the Electoral Act, as well as INEC’s regulations, guidelines, and manuals. The petitioner argues that irregularities occurred during the collation of results in specific local government areas of Edo State.
INEC has faced intense criticism following revelations of alleged complicity in the falsification of election result sheets (Forms EC8A-C) during the Edo governorship election. Former President Olusegun Obasanjo recently added his voice to the growing demand for INEC Chairman, Professor Mahmood Yakubu, to resign, calling for a comprehensive overhaul of the commission in the interest of Nigeria’s democracy. The Supreme Court is set to rule on several discrepancies found in the certified true copies (CTCs) of the election results released by INEC. These discrepancies include results that differ from those available on INEC’s IREV portal, as well as the absence of signatures from polling unit agents and presiding officers.
Such contradictions within INEC’s documents may lead the court to invalidate the affected documents upon legal scrutiny. Moreover, INEC officials implicated in the Edo forensic report have been referred to the Independent Corrupt Practices and Other Related Offences Commission (ICPC) under Section 26 of the ICPC Act 2020. Nigerians are eagerly anticipating their prosecution for electoral offences, as stipulated in Sections 114 and 145 of the Electoral Act 2022.
The Supreme Court, in its judgment on Oyetola v. Adeleke, clarified the evidence required to prove improper accreditation or over-voting. The court held that the voter register, BVAS records, and polling unit results (Form EC8A) are the primary sources of evidence. It emphasised that the BVAS record for each polling unit constitutes the direct and primary evidence of voter accreditation on election day. The court concluded that the INEC database or National Electronic Register of Election Results is not relevant for determining non-accreditation or over-voting and cannot be relied upon for such claims. Consequently, the Supreme Court dismissed the appeal in Oyetola v. Adeleke for lacking merit. This precedent will significantly influence the adjudication of the Edo 2024 governorship election results when the matter reaches the Supreme Court.
Nigeria’s electoral jurisprudence is replete with cases where elections have been overturned based on incontrovertible forensic evidence of result falsification. One notable example is the 2008 Osun gubernatorial election. In that case, the court admitted forensic evidence to nullify unlawful votes cast across ten local government areas, including Boripe, Atakumosa, Ayedaade, and Ife Central. Justice Clara Ogunbiyi, delivering the judgment in the petition filed by Rauf Aregbesola against Olagunsoye Oyinlola, held that forensic evidence demonstrated unlawful votes recorded in favor of Oyinlola. The court invalidated the affected votes, declaring Aregbesola the winner in accordance with Section 197 of the Constitution and Section 147 of the Electoral Act (Aregbesola v. Oyinlola & 1,336 Ors (2008) 2 LRECN 1 CA).
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The controversies surrounding the Edo governorship election underscore a deepening crisis of trust in Nigeria’s electoral system and raise critical questions about the integrity of INEC. As the judiciary prepares to address these challenges, Nigeria stands at a pivotal moment. The decisions made will either uphold the sanctity of democracy or further erode public confidence in the nation’s democratic institutions. The world is watching closely.
Inwalomhe Donald Writes via [email protected]
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