How can the 2015 election be free and fair? It is by the use of electric voting, say some. Others are averse to the idea. To some lawyers, if e-voting will improve the process, it will be worth the while. JOHN AUSTIN UNACHUKWU reports.
President of Common wealth Lawyers Association,
Mrs. Boma Ozobia: If e-voting will make our election process more efficient and less susceptible to fraud and manipulation, I am all for it. It is not rocket science. Electronic voting in one form or another has been in use in different parts of the Commonwealth since the 60s. Available technology has been very successfully employed in Australia, Canada, India, the United Kingdom and Ghana. Here in Nigeria, we employed some e-voting technology in the 2011 elections and the elections that have followed since then. It is, therefore, not alien to our electoral system.
The main challenge with e-voting is to ensure there is a clear audit trail to enable voters, candidates and other interested parties ascertain that votes were recorded as cast, allocated to the appropriate candidates and properly and accurately counted. Once the system has an audit trail with an acceptable level of integrity, the electorate will have confidence in the system, or at least the e-voting aspect of the process.
Chief Mike Ozekhome (SAN) said: “It is my firm belief that a society ought not to be static. Societies must evolve, especially when the times and prevailing circumstances so dictate. Any society, which resists or exhibits any sign of allergy to change will, ultimately, relapse into a retrogressive state of anachronism.It is, therefore, my firm and fervent belief that Nigeria has come of age with regards to the use of electronic voting in the 2015 general elections.
The argument for and against
Although it has been canvassed by some eminent Nigerians that due to the level of illiteracy in the country, Nigeria is not ripe for the robust introduction of electronic voting into our the country, I make bold to say that illiteracy would not be a serious factor for its introduction. This is because, even the present non-electronic voting system we employ cannot be said to be illiterate-friendly in any way, since everything to be done is cast in literate language, except the voting and thumb-printing itself. It is my submission, therefore, that it is in the same way that illiterate Nigerians have coped and acclamatised with the manual voting system that they would invariably cope and acclamatise with the electronic voting system. No one has disputed or is disputing that electronic voting is efficient and discourages electoral fraud in countries that have adopted it, including countries we share common literacy indices with, e.g Ghana. I, therefore, ask, if they are using it, why not us?
Laws vis-à-vis electronic voting
The main laws that are of great relevance to the conduct of electronic voting and post-election matters (e.g. Election Tribunals) are the Electoral Act (2010 as Altered) and the Evidence Act (2011 as Altered). While Section 52(2) of the Electoral Act expressly prohibits the use of electronic voting, Section 84 of the Evidence Act was specifically introduced to allow for computer-generated evidence during the cause of a trial. For there to be any meaningful advancement in the introduction and use of electronic voting in Nigeria therefore, Section 52(2) of the Electoral Act must be expunged from the Act and a new section inserted to provide for the use of electronic voting in the 2015 general elections and beyond. Without such an amendment, nothing can be done to advance the cause of electronic voting.
The first ingredient of democracy is a credible electoral system. Electronic voting ensures this as it dispenses with manual manipulation by power desperadoes who dorn the garb of politicians.
Chief Ogwu James Onoja (SAN): “While I support all measures to bring the political class to embrace democratic reform through electoral accountability, I am afraid this country is not yet ripe for electronic voting come 2015. We should stop copying from developed democracies just what we feel is good without adverting our minds to condition precedence for application of such programmes. Politics is a game of numbers and for the well informed. How can we talk of electronic voting when the numerical strength of this country and the registered voters are matters still of speculative guess work and conjecture? The lack of proper and verifiable database of the population is a monumental impediment to introduction of electronic voting. We must also address the problem of uninformed electorate and the general illiteracy in the country before talking of electronic voting.
In the absence an authentic national census, a well informed and educated electorate, adequate technological support, electronic voting system would only benefit two classes of Nigerians: The contractor who would get the business to dump on us fake machines from China and the political class who have learned how to manipulate the machines to rig the elections. With electronic voting, the politicians shall no longer need our votes to dominate us in the name of democracy, they will stay in their party offices and employ the teeming legions of “yahoo practitioners”
Former Chairman NBA Abuja branch, Mr Mela Audu Nunghe said: “My reaction for the call for electronic voting at the 2015 general election is traceable to the fact that something fundamental has gone wrong. People are disenchanted over the quantum and volume of massive rigging perpetuated through the electoral process. Hence the yearning for electronic voting is predicated on the belief that it will reduce or completely eliminate rigging and enhance the credibility of our electoral process and nurture our democratic growth.
Before the 2011 general elections, it would be recalled there was an attempt and effort in that direction to use electronic voting through the purchase of DDC machines. In my view, keeping a comprehensive electronically compiled voters list in 2011 reduced several instances of rigging and missing ballot boxes which is the mainstay of some unscrupulous politicians as compared to the 2003 and 2007 elections. And consequently it also reduced election petitions that are based on rigging, violence, stealing of ballot boxes and other vices.
I further make bold to say that the first election (House of Representatives) of April 2, 2011 that was cancelled by Prof Attahiru Jega due to complaints of late or no arrival of voting materials would have been fairer than all the elections held in Nigeria so far.
•In consequence of the above, I am for the electronic voting for several reasons i.e.
•It will reduce/eliminate to a large extent rigging of election results and enhance the credibility of our electoral process.
•It is also in consonance with global best practices and Nigeria cannot be lacking behind.
•Initial problems will always be surmounted with a willing and determined heart. The likelihood of hitches or fear of it should not deter Nigeria from going digital in its voting process.
•Innovations that are in accord with global best practices ought to be encouraged not withstanding teething challenges. Besides the greatest holy book says “nothing with God is impossible.”
There are several countries in the world that have legalized their electronic electoral process such as United States of America to mention a few. Nigeria is not, both in size and population up to one state in the US where it has worked. This should encourage and not discourage the Nigerian government to practice electronic voting in 2015.
There is enough time, if the will to amend the relevant sections of the Electoral Act and Constitution and train the relevant staff before the 2015 elections is there. I am of the opinion that sincerity on the part of the government should overtake any political consideration. The overall interest of Nigeria and the yearning and desire to develop a credible electoral process should be the drive to embarking on electronic voting in 2015.
Chijioke Emeka: Let’s start by asking if manual voting is the problem with Nigeria’s elections? Is e-voting the answer? Now, I subscribe to any system that will ensure the integrity of elections, anything! We just have to get it right because electoral corruption is the root of all corruption! I back e-voting if it will protect the credibility of our elections.
But is e-voting above manipulation? Is there something inherently corrupt about manual balloting? Has it not worked in some places? If it has, why is it corruption-ridden in Nigeria? It boils down to people. If the people are so desperate to corruptly swing electoral outcomes by compromising the manual system are the same people to run the e-voting machines, is there guarantee that they will not devise new methods to perpetrate even more monumental electoral heist?
I caution first things first. There is social reorientation to work on. e-voting regime will be electricity-driven. Who controls the levers of electricity power? The same people calling for e-voting today as the panacea will tomorrow still cry out that “in the whole of Popo-Yemoja and Lagbaja LGAs there was power outage and so the entire electorate was disenfranchised! The voting machines did not work!” It will still end up in the Election Tribunal. So, when we cite Ghana we need to look at these things first. India used it. It is good but not impenetrable.
A feature of rigging in Nigeria that is less-talked about is misleading of illiterates. Illiterates require help and polling officials mislead them. The political class is still desperate. People and not the system, to my mind, remains the bane of credible elections in Nigeria. e-voting will eliminate a lot of short-comings in the manual system. Surely, we need it. But let’s embrace it with caution.
Existing legal regimes
The Electoral Act clearly prohibits electronic voting. Thus the National Assembly needs to amend the Act to pave way for e-voting for the 2015 elections. If you read Section 52(2) carefully, you will see e-voting is not completely ruled out. It is deferred to when Nigeria will be ready for it. I believe the law-makers considered the prevailing challenges of power, illiteracy, corrupt orientation, desperation etc to defer it. If we are ready for it, let the Act be amended.
