Tribunal judgement may erode progress made in use of technology in elections – Situation Room

The Nigeria Civil Society Situation Room says the verdict of the Presidential Election Petition Tribunal on the 2023 presidential election may erode the progress made in the use of technology in elections.

In a statement issued on Friday, the Situation Room said the verdict may present challenges for the innovative reforms achieved through the Electoral Act of 2022.

The statement was jointly signed by the three co-conveners of the Situation Room: Y.Z Ya’u, Mimidoo Achakpa and Franklin Oloniju.

The PEPT had on Wednesday, in a unanimous decision, dismissed the petitions of Atiku, the presidential candidate of the Peoples Democratic Party (PDP) and Mr Obi of the Labour Party.

The five-man panel ruled that the petitioners failed to prove the case of irregularities and other issues raised, and therefore, affirmed the victory of President Bola Tinubu of the All Progressives Congress (APC).

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The panel ruled that the petitioners did not prove how they were affected by the failure of INEC to electronically transmit the result.

“The Electoral Act 2022 provided safeguards indicating the need for INEC to be innovative in developing procedures that will help eliminate the human element regarding the conduct of elections. It seems to us that these innovative reforms may now face challenges as the Tribunal has opened the implementation of these reforms to INEC’s human discretionary powers. This is indeed worrying for our electoral system,” the Situation Room said.

Read the full statement

(Situation Room), on Wednesday, 6th September 2023, observed the delivery of the judgment of the Presidential Election Petition Tribunal on the 2023 presidential election.

As a group with significant years of knowledge and experience in elections – both in the field and the policy space, Situation Room is concerned that the judgment may have raised questions regarding the gains made with the passage of the Electoral Act 2022, particularly reforms that introduce technology in elections and require INEC to issue guidelines for the elections and implement it.

It will be recalled that the 2022 Electoral Act was hailed by stakeholders as a milestone achievement and progressive legislation mostly due to the incorporation of technological innovations in the electoral legal framework. For many, the innovations were expected to promote transparency in the electoral process. Of note are the INEC Results Viewing Portal (IReV) and the Bimodal Voter Accreditation System (BVAS), which were described as game changer that would guarantee transparency and seamless management of elections.

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The Electoral Act 2022 provided safeguards indicating the need for INEC to be innovative in developing procedures that will help eliminate the human element regarding the conduct of elections. It seems to us that these innovative reforms may now face challenges as the Tribunal has opened the implementation of these reforms to INEC’s human discretionary powers. This is indeed worrying for our electoral system.

While some discretion may be necessary for flexibility in election administration, it is important that there are accountability mechanisms to prevent arbitrariness. Citizens look to the Judiciary to serve as a check on this discretionary power to ensure that administrative decisions are implemented in a transparent manner, and most importantly, in the public interest.

It is also important to add that public funds were appropriated by the National Assembly and invested in these technological innovations, which were developed and publicised by INEC.

Situation Room notes that it is within the rights of the contending political parties to further dispute or accept the judgment issued by the Tribunal on the elections and will be watching developments regarding further actions by the political parties involved.

Situation Room will continue to monitor closely how litigations around the general elections evolve especially at the Supreme Court level and will be pursuing further legislative advocacy that will require INEC to mandatorily implement reforms passed by Nigeria’s Legislature.

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SIGNED:

Y.Z Ya’u

Convener, Nigeria Civil Society Situation Room

Mimidoo Achakpa

Co-Convener, Nigeria Civil Society Situation Room

Franklin Oloniju

Co-Convener, Nigeria Civil Society Situation Room