APPLICATION OF ELECTRONIC DEVICES IN ELECTION PROCEEDINGS IN NIGERIA

Abstract

The enactment of the Electoral Act 2022 is a welcome development for Nigerians and friends of Nigeria because of one peculiar feature, which is the introduction of electronic transmission of results from the polling units as well as other related provisions, contained therein. The provisions of the Act, which provides for the transmission of results from the polling unit envisaged the collation of results from the polling centers as well as the declaration of the results. It is against this background that the authors critically examined the electronic transmission of results which invariably seek to promote credibility of election matters in Nigeria, and specifically focusing on judicial intervention on the use of electronic devices in the conduct of elections. The authors demonstrated the extent to which electronic devices or technologies applied in the Nigerian electoral process as well as the pronouncement of courts has effected on the regime of use of electronic devices in the conduct of elections. The paper considered the concomitant challenges associated with the application of electronic devices and resultant utilization in the Nigerian electoral process usually in the face of electoral disputes in the courts or tribunal. The paper found that while the courts and tribunals in the course of resolving electoral litigations have faithfully or otherwise, accommodated the use of manual methods together with the use of electronic devices, and by so doing, invariably creating a window for election manipulators to operate in a different dimension. The authors concluded by demonstrating that the electoral umpire, INEC have continued to undertake legal, structural and institutional reforms which are not only supportive of the credible electoral process but also reinforced the efficient performance of the technology used in Nigeria, particularly, such measures aimed at making the use of electronic devices or other relevant technological devices for the electronic transmission of results mandatory through necessary amendments to the Electoral Act 2022.