ELECTRONIC VOTING IN NIGERIA: LEGAL CHALLENGES AND REFORM IMPERATIVES

Abstract

Electronic voting (e-voting) refers to the use of electronic technologies in the processes of voter accreditation, voting, vote counting, and result transmission. In Nigeria, the Electoral Act 2022 (as amended) provides the principal legal basis for the deployment of technology in electoral processes, including the Bimodal Voter Accreditation System (BVAS) and the INEC Result Viewing Portal (IREV). However, the challenges experienced during the 2023 general elections raised significant concerns regarding the effectiveness, reliability, legal adequacy, and security of electoral technologies. This study examines the prospects of adopting comprehensive e-voting in Nigeria and evaluates the need to strengthen the existing legal framework to provide clear legal validity, regulation, and safeguards for electronic voting. The study adopts a doctrinal/qualitative research methodology, relying on relevant legislation, judicial decisions, scholarly literature, policy documents, and other authoritative sources. The study finds that e-voting has considerable potential to enhance electoral transparency, efficiency, accuracy, inclusiveness, and credibility by reducing human intervention, electoral fraud, manipulation, and delays associated with manual voting and result collation. Existing technological initiatives, particularly BVAS and electronic transmission of results, provide a foundation for further digital transformation of Nigeria's electoral system. However, significant obstacles remain, including inadequate ICT infrastructure, unreliable electricity supply, limited digital literacy, cybersecurity threats, inadequate technological capacity, public distrust, and the absence of a comprehensive legal framework specifically governing e-voting. These challenges are particularly significant in rural and underserved communities. The study therefore recommends comprehensive legislative reform to establish clear rules governing e-voting, cybersecurity, data protection, system verification, electronic evidence, auditability, and dispute resolution. It further recommends investment in digital infrastructure, reliable electricity, cybersecurity systems, technical capacity, and nationwide voter education. The study concludes that, if supported by robust legislation, secure technology, institutional capacity, and public confidence, e-voting can significantly strengthen Nigeria's electoral integrity and contribute to a more transparent, credible, inclusive, and accountable democratic system.