BVAS, IReV need stronger legal backing for poll credibility — Ubani, SAN

BVAS, IReV need stronger legal backing for poll credibility — Ubani, SAN

The Chairman of the Nigerian Bar Association (NBA) Electoral Reform Committee, Dr. Monday Ubani, SAN, has called for urgent amendments to the Electoral Act to strengthen Nigeria’s electoral system and restore public confidence in democratic processes.

Ubani, who is also a former 2nd Vice President of the NBA, said vague provisions in the Act — particularly those dealing with electronic transmission of results — have led to contradictory tribunal judgments and weakened electoral credibility.

Speaking in an interview, Ubani identified Sections 60 and 62 of the Electoral Act as especially problematic, noting that they fail to clearly define the relationship between manual collation and electronic transmission of results. He stressed that the law should be redrafted to establish electronic transmission as the primary source of authentication, with manual collation serving only as backup in cases of proven technological failure.

On the high evidentiary burden placed on petitioners under Section 135(1), Ubani argued that the law currently shields malpractice rather than ensuring fairness. He recommended a recalibration that would shift the burden to the Independent National Electoral Commission (INEC) once non-compliance is established, forcing the Commission to prove that irregularities did not affect the outcome.

Ubani also called for core aspects of INEC’s election guidelines — such as accreditation, transmission, and collation — to be elevated into the principal Act. According to him, this would ensure consistency in tribunal rulings and remove doubts over the legal weight of INEC regulations.

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On the role of technology, the senior lawyer urged lawmakers to give conclusive legal weight to data generated from the Bimodal Voter Accreditation System (BVAS) and the INEC Results Viewing Portal (IReV). He said such data should be treated as prima facie evidence of the will of the people, with the burden of proof shifting to those challenging its accuracy.

He further criticized the doctrine of “substantial compliance,” warning that it has become a shield for flawed elections. Ubani suggested narrowing its definition so that irregularities in accreditation, collation, or transmission are automatically deemed material.

The SAN also addressed the rising number of nomination disputes clogging Nigeria’s courts. While recommending stricter timelines and preconditions, he cautioned against removing judicial oversight entirely, given the history of flawed party primaries.

Ubani dismissed existing penalties for electoral offences as “laughably weak,” noting that fines capped at ₦500,000 are insignificant to political actors. He proposed stiffer sanctions, including higher fines, disqualification of candidates, and even criminal liability for serious breaches.

On petition adjudication, Ubani criticized the courts’ reliance on technicalities such as the “dumping of documents” rule. He urged reforms to simplify evidentiary rules, encourage acceptance of certified electronic evidence, and train judges to prioritize substance over technical form.

The NBA reform chair emphasized that credible elections depend not only on legal reforms but also on institutional sincerity and political actors’ willingness to abandon a “do-or-die” mentality.

He concluded that Nigeria must embrace technology-driven reforms backed by strong legal frameworks if its democracy is to survive and gain public trust.

BVAS, IReV need stronger legal backing for poll credibility — Ubani, SAN