Nigerian Human Rights Community — NG Legal Update

A coalition of human rights groups declared the June 18, 2022, Ekiti State gubernatorial election as credible, free, fair, and compliant with international standards. This assessment highlights the positive impact of the Electoral Act 2022, particularly the deployment of technological innovations like the Bimodal Voter Accreditation System (BVAS) and the INEC Result Viewing Portal (IReV), in enhancing the transparency and integrity of Nigeria's electoral process. The declaration underscores the evolving landscape of electoral jurisprudence in Nigeria, where observer missions play a crucial role in validating election outcomes and fostering public confidence, despite persistent challenges and the judiciary's ultimate role in dispute resolution.

The June 18, 2022, gubernatorial election in Ekiti State marked a significant moment in Nigeria's democratic journey, drawing considerable attention from both local and international observers. Following the poll, a coalition of human rights organisations, operating under the umbrella of the Nigerian Human Rights Community, issued a commendation, declaring the election as credible, free, fair, and meeting global standards. This pronouncement carries substantial weight, not merely as a validation of a specific electoral exercise, but as an indicator of the potential for improved electoral integrity within Nigeria's evolving democratic framework. The positive assessment by these rights groups provides a crucial lens through which to examine the practical application and effectiveness of recent electoral reforms, particularly the Electoral Act 2022, and its implications for future elections and electoral litigation in the country.

Nigeria's electoral landscape is primarily governed by the Constitution of the Federal Republic of Nigeria 1999 (as amended) and the Electoral Act 2022. The Electoral Act 2022, signed into law on February 25, 2022, introduced significant reforms aimed at enhancing the transparency, credibility, and efficiency of elections. Key innovations include the legalisation of electronic voter accreditation through the Bimodal Voter Accreditation System (BVAS) and the electronic transmission of polling unit results via the INEC Result Viewing Portal (IReV). These technological advancements were designed to mitigate issues such as ballot snatching, voter register manipulation, and other forms of electoral fraud that had historically plagued Nigerian elections. The Independent National Electoral Commission (INEC) is constitutionally mandated to organise, undertake, and supervise all elections, and its regulations and guidelines, issued under Section 149 of the Electoral Act, form an integral part of the electoral legal framework. Election observation, both by domestic and international bodies, is a critical component of ensuring electoral integrity. Observers act as watchdogs, assessing the quality of elections against established national laws and international standards, thereby inspiring voter confidence and providing an independent assessment of the process. International benchmarks for democratic elections, such as those enshrined in the African Charter on Human and Peoples' Rights and the ECOWAS Protocol on Democracy and Good Governance, provide a framework for evaluating the freeness and fairness of elections across the continent.

The human rights groups' declaration regarding the Ekiti gubernatorial election in 2022 specifically highlighted the improvements in the electoral process, attributing the success to the deployment of BVAS and the electronic transmission of results. These innovations, legalised by the Electoral Act 2022, were praised for enhancing transparency, accountability, and credibility, effectively reducing instances of ballot snatching and voter register manipulation. The use of BVAS for voter accreditation and the IReV for real-time publishing of polling unit-level results were indeed significant steps towards modernising election machinery and fostering public trust. However, it is pertinent to note that despite these advancements, some challenges persisted, such as complaints about the siting of polling units in private residences and compounds, which could potentially compromise ballot secrecy and encourage vote trading.

From a legal practitioner's perspective, observer reports, while not legally binding, often serve as crucial corroborative evidence in election petitions. The Supreme Court of Nigeria has consistently played a pivotal role in shaping electoral jurisprudence, often emphasizing the standard of 'substantial compliance' with the Electoral Act. In the context of the Ekiti 2022 election, the outcome was indeed challenged by the Social Democratic Party (SDP) candidate, Chief Olusegun Oni, at the Ekiti State Governorship Election Petition Tribunal. Ultimately, the Supreme Court affirmed the victory of Governor Biodun Oyebanji, dismissing the petition and describing the verdict as a victory for democracy. This judicial affirmation, coupled with positive observer reports, reinforces the perception of the election's legitimacy.

Comparing the Ekiti election to international standards, the emphasis on free and fair elections, transparency, and the right to participate in government, as articulated in instruments like Article 13 of the African Charter on Human and Peoples' Rights and the African Charter on Democracy, Elections and Governance, aligns with the positive assessment. The ECOWAS Protocol on Democracy and Good Governance also stresses the importance of credible elections and the role of monitoring teams. While Nigeria has made strides, as evidenced by the Ekiti election, the judiciary's stance on certain progressive provisions of the Electoral Act 2022, particularly concerning electronic transmission of results in some subsequent cases, has raised concerns about the full realisation of these reforms. This highlights a continuous tension between legislative intent, technological implementation, and judicial interpretation in Nigeria's electoral system.

The declaration by human rights groups that the June 2022 Ekiti gubernatorial election met global standards is a welcome development, reflecting the positive impact of the Electoral Act 2022 and INEC's efforts in deploying technology for improved transparency and credibility. For legal practitioners, this signifies an evolving electoral landscape where observer reports, while not determinative, can significantly influence public perception and provide valuable context in election petitions. The consistent use of BVAS and IReV, coupled with judicial affirmation of election outcomes, suggests a strengthening of the legal framework for electoral integrity. However, practitioners must remain vigilant regarding the judiciary's interpretation of electoral laws, especially concerning the weight given to technological evidence versus traditional forms of proof. Future elections will continue to test the resilience of these reforms, and ongoing advocacy for constitutional backing for independent candidacy, improved accessibility for vulnerable voters, and addressing issues like vote-buying will be crucial. The Ekiti experience serves as a benchmark, indicating that with sustained commitment to legal reforms and technological integration, Nigeria can progressively achieve more credible and globally compliant electoral processes.