Nigeria’s Civil Society Situation Chamber says the Presidential Election Appeals Court’s verdict on the 2023 presidential election may erode progress made in the use of technology in elections.
In a statement issued on Friday, the Situation Chamber said the verdict may present challenges to the groundbreaking reforms achieved through the 2022 Electoral Law.
The declaration was co-signed by the three co-convenors of the Situation Room: YZ Ya’u, Mimidoo Achakpa and Franklin Oloniju.
The PEPT rejected, by unanimous decision on Wednesday, the requests of Atiku, presidential candidate of the Popular Democratic Party (PDP), and of Obi, of the Labor Party.
The five-member panel ruled that the petitioners failed to prove the case for wrongdoing and other issues raised and thus affirmed the victory of All Progressive Congress (APC) President Bola Tinubu.
The panel ruled that the petitioners failed to demonstrate how they were affected by INEC’s failure to electronically transmit the result.
“The 2022 Electoral Law provided safeguards that indicate the need for INEC to be innovative in developing procedures that will help eliminate the human element associated with holding elections. It seems to us that these innovative reforms may now face challenges, as the Court has opened up the implementation of these reforms to the human discretionary powers of INEC. This is really worrying for our electoral system,” the Situation Room stated.
Read the full statement
(Situation Room), on Wednesday, September 6, 2023, observed the issuance of the ruling of the Presidential Elections Petition Court on the 2023 presidential elections.
As a group with significant years of knowledge and experience in elections, both on the field and in the political space, the Situation Room is concerned that the ruling may have raised questions about the progress made with the approval of the 2022 Electoral Law, in particular the reforms that introduce technology in the elections and require the INEC to issue guidelines for the elections and implement them.
It will be recalled that the 2022 Electoral Law was hailed by stakeholders as a historic achievement and progressive legislation mainly due to the incorporation of technological innovations into the electoral legal framework. For many, the innovations were expected to promote transparency in the electoral process. It is worth noting the INEC Results Visualization Portal (IReV) and the Bimodal Voter Accreditation System (BVAS), which were described as game changers that would guarantee transparency and fluid management of the elections.
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The 2022 Electoral Law provided safeguards indicating the need for INEC to be innovative in developing procedures that will help eliminate the human element associated with conducting elections. It seems to us that these innovative reforms may now face challenges, as the Court has opened up the implementation of these reforms to the human discretionary powers of INEC. This is really worrying for our electoral system.
While some discretion may be necessary to achieve flexibility in electoral administration, it is important that accountability mechanisms are in place to avoid arbitrariness. Citizens expect the judiciary to serve as a check on this discretionary power to ensure that administrative decisions are implemented transparently and, most importantly, in the public interest.
It is also important to add that public funds were allocated by the National Assembly and invested in these technological innovations, which were developed and publicized by INEC.
The Situation Chamber indicates that it is within the right of the contending political parties to dispute or accept the ruling issued by the Court on the elections and will be attentive to events related to future actions of the political parties involved.
The Situation Room will continue to closely monitor how litigation surrounding the general election evolves, especially at the Supreme Court level, and will seek further legislative advocacy that will require INEC to compulsorily implement reforms passed by the Nigerian Legislature.
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SIGNED:
YZ Ya’u
Coordinator, Nigerian Civil Society Situation Room
Mimidoo Achakpa
Co-organizer, Nigerian Civil Society Situation Room
Franklin Oloniju
Co-organizer, Nigerian Civil Society Situation Room