‘NBA ELECTION 2022 MOST SUSCEPTIBLE TO RIGGING,’ SAYS GADZAMA

One of the leading candidates in the just concluded Nigerian Bar Association (NBA) Elections, Chief Joe-Kyari Gadzama SAN has alleged that ElectionBuddy, the electronic voting platform deployed for the elections, “was highly vulnerable and most susceptible to electronic fraud, rigging and pre-programming of votes.”

In a statement made available to CITY LAWYER, Gadzama also stated that a report by his ICT consultant dated Monday, July 18, 2022 “also shows that there is a high likelihood that the system could be hacked and manipulated.”

He stated that “A follow-up report by my agent dated Wednesday, July 20, 2022 confirms that this occurrence was more than likely,” adding that “I have been advised that this is why the percentage score among all the three Presidential candidates remained within the same range from the commencement of voting till the end. This, as I have been advised, is not human behavior but mechanical.”

Gadzama stated that though one Mr. Mohammed Mustapha, an ICT specialist, had applied to act as the Technical Support Consultant (TSC) to the Electoral Committee of the NBA (ECNBA), “the ECNBA did not list his company as one that had applied; rather only two companies were listed before one was selected to provide the consultancy.”

The full text of the statement is below.

PRESS RELEASE ON THE JUST-CONCLUDED NBA NATIONAL ELECTION

Introduction
As you may recall, the National Election of the Nigerian Bar Association (‘NBA’) was concluded on Saturday, July 16, 2022.

My utmost appreciation goes to the members of the Electoral Committee of the NBA (‘ECNBA’) who conducted our election. I respect each of them and commend their efforts. I equally salute all the contestants who vied for various positions.

Pre-Election
It is pertinent to state that before the conduct of the election, my agent – Mr Andrew Madaki tested the vulnerability of the website to conduct the election – electionbuddy.com. The report, which is attached to this release, shows that the website was susceptible to manipulation.

Thereafter, my agent and other agents present raised some of these concerns during the press briefing conducted by the ECNBA on the eve of the election.

Voting
During the conduct of the election, my agent discovered numerous irregularities and expressed same by a letter sent via email to the ECNBA at 2:00 pm. The same is attached to this release. In the email, he reported the frequent timeouts experienced by the site, lack of access to the backend of the server, lack of graphical representation of the results and ultimately requested to audit the election, which the ECNBA promised to provide immediately.

Post-Election
After the conduct of the election, my agent sent a reminder to the ECNBA on Sunday, July 17, 2022 to audit the election and discover if there were more irregularities but same has not been provided by the ECNBA.

After the conduct of the election, my agent engaged another IT specialist to test the server. The report of the specialist which was dated Monday, July 18, 2022 also shows that there is a high likelihood that the system could be hacked and manipulated. A follow-up report by my agent dated Wednesday, July 20, 2022 confirms that this occurrence was more than likely. I have been advised that this is why the percentage score among all the three Presidential candidates remained within the same range from the commencement of voting till the end. This, as I have been advised, is not human behavior but mechanical.

It is important to re-iterate that auditing the election will permit independent parties and agents to discover if there were any technical interferences to usurp the will of the electorate. This access is expected to have been provided immediately after the conclusion of the poll to prevent any party from tampering with the system.

Pre-Qualification of Technical Consultant to ECNBA
On Friday, June 24, 2022, I invited numerous IT specialists to advise me. One of them was Mr Mohammed Mustapha who I asked to provide information security and communication strategy in the just-concluded NBA Election; however, on Monday, June 27, 2022, Mr Mustapha declined my offer as a result of conflict of interest because he had earlier applied to the ECNBA to act as a consultant. After declining my request, Mr Mustapha informed me that although he had applied to be a consultant to the ECNBA before the deadline, the ECNBA did not list his company as one that had applied; rather only two companies were listed before one was selected to provide the consultancy. The two referenced letters are attached.

Also attached to this release are: (i) the notice released by the ECNBA asking for proposals for a technical consultant titled ‘Request for Proposal for Technical Support Consultant to the ECNBA – Submission Reminder Notice’, (ii) acknowledged copy of the bid by Mr Mustapha titled ‘Re: Request for Proposal for Technical Support Consultant to the ECNBA’ received by the ECNBA at 3:35 pm on 22/4/22, and (iii) the notice displaying companies that applied titled ‘Respondents to Request for Proposal for Technical Support Consultant’.

Conclusion
On the whole, and in view of the above facts and attached documents, it is clear that the technology adopted was highly vulnerable and most susceptible to electronic fraud, rigging and pre-programming of votes. I hereby call upon the ECNBA to allow an immediate audit of the election and server.

Dated this Wednesday, the 20th day of July, 2022

____________________________¬¬_
Joe-Kyari Gadzama OFR, MFR, SAN
Presidential Candidate

ENCLS:
1. Vulnerability report dated Sunday, July 10, 2022;
2. Complaint letter dated Saturday, July 16, 2022;
3. Email reminder to the ECNBA on Sunday, July 17, 2022;
4. Vulnerability report dated Monday, July 18, 2022;
5. NBA National Elections 2022: Report dated Wednesday, July 20, 2022;
6. Provision of information security and communication strategy for the forthcoming NBA election dated Friday, June 24, 2022;
7. Re: Provision of information security and communication strategy for the forthcoming NBA National Elections dated Monday, June 27, 2022;
8. Request for proposal for technical support consultant to the ECNBA – Submission Reminder Notice dated April 21, 2022;
9. Re: Request for Proposal for Technical Support Consultant to the ECNBA dated April 22, 2022; and
10. Respondents to Request for Proposal for Technical Support Consultant dated April 25, 2022.

To view the complete document, click here

To join our Telegram platform, please click here 

COPYRIGHT 2022 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

‘YOUR ELECTION RESULTS ARE CREDIBLE,’ ELECTIONBUDDY TELLS NBA MEMBERS

ELECTIONBUDDY, the Edmonton, Canada based electronic voting platform, has validated the results of the recently concluded Nigerian Bar Association (NBA) Elections, saying the results were not tampered with.

In a letter addressed “To the members of the Nigerian Bar Association” and signed by its President, Mr. Dave Bodnarchuk, the company which was contracted by the Electoral Committee of the NBA (ECNBA) alongside INITS Limited as the ICT Service Provider, stated that “At the completion of the election, ElectionBuddy staff perform limited procedures which includes (sic) review of the voter list, voting process, examination of the results, and inquiries of management. We believe that the review and results of our procedures provide a reasonable basis to confirm our report.

“Based on our reviews, we are not aware of any modifications to the election that would materially impact the electoral outcomes.”

An earlier enquiry to ElectionBuddy by CITY LAWYER did not elicit any response.

Below is the full text of the report.

To join our Telegram platform, please click here 

COPYRIGHT 2022 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

EDITORIAL: NBA ELECTIONS 2022 – WHY WE MUST GET IT RIGHT

The ballot for the Nigerian Bar Association (NBA) Elections will open in a matter of hours to elect National Officers and NBA Representatives to the General Council of the Bar.

This year’s election is especially pivotal given the controversies that have trailed the last three efforts since the introduction of electronic voting and universal suffrage by the amended NBA Constitution 2015.

Since 2016, NBA Elections have spanned between a petition to the NBA Trustees to litigation and criminal prosecution of suspects accused of electoral malfeasance by the Economic and Financial Crimes Commission (EFCC). This has brought odium and discomfiture to NBA and its members.

While the allegations that trailed the 2016 and 2018 elections remain somewhat muted, the same cannot be said of the 2020 Election. While several commentators and stakeholders alleged that the election was fraught with sundry irregularities, Mr. Dele Adesina SAN, one of the presidential candidates in the election, accused the defunct Electoral Committee of the NBA (ECNBA) of data diddling, saying that “it is apparent that the data uploaded to the site was programmed and preconfigured to achieve a desired result in an obvious case of data diddling.”

The election was also bedeviled by the spectre of huge undelivered ballots, with Adesina again noting that the ElectionBuddy voting platform deployed for the election posted 14,879 total undelivered notices to prospective voters as at 2 pm on Election Day as against 29,635 total registered voters. He contended that “The inability to deliver 14,000 notices to prospective voters 13 hours after the commencement of the Election is not only evidence of lack of capacity on the part of the System but also a clear disenfranchisement of these prospective voters.” It is noteworthy that ElectionBuddy has been contracted by the current Electoral Committee alongside INITS Limited as the joint ICT Service Provider (ISP) for the 2022 NBA Elections.

If Adesina’s claims are deemed by critics as the vituperations of a sore loser, the verdict of the NBA Trustees on the election did not validate such an assertion. Instead, it gave vent to the perception that all was not well with the election.

In a letter dated 19th of August 2020 and authored by the Chairman of the Board of Trustees, Dr. Olisa Agbakoba, SAN, the Trustees said: “We note that the Elections were not perfect. We reviewed your Petition and note that it raises serious issues.”

The august body observed that “our elections continue to present challenges going back to 2016 and strongly recommend that a major transformation of our electoral process and framework must be undertaken and we are happy to be assigned this very important responsibility….”

In an earlier email by Agbakoba dated 17th August, 2020, the Trustees had stated emphatically that “The NBA 2020 Election was marred by irregularities. The ECNBA admitted that the election platform failed which is why they had to engage another I.T. Consultant. The ECNBA admitted that over 14,000 members could not vote which is an extremely high number. The ECNBA should have made provision to enable everyone to vote. This is an omission on their part.”

It was against this unflattering backdrop that NBA President, Mr. Olumide Akpata, himself a beneficiary of that flawed electoral process, vowed to redeem NBA election from the perennial odium that has enveloped it. He set up the Mr. Ayodele Akintunde SAN-led NBA Electoral Reform and Audit Committee to unravel the challenges besetting NBA elections and proffer solutions.

Instructively, the Audit Committee in its final report returned the same verdict as the NBA Trustees, saying: “Nigerian lawyers were again optimistic that the 2020 Elections would be seamless as all the challenges encountered in the 2016 and 2018 Elections would have been fully addressed.” It however asserted that “that was not the case; like the previous elections, the 2020 Elections was controversial and there were pre-election and post-election issues and challenges.”

Continuing, the Audit Committee said: “INITS’ report revealed that during the elections on the ElectionBuddy platform, there were two major challenges. The first challenge was that based on the traffic and requests for the results between the first and second hour of the elections, voters and viewers began experiencing service degradation.”

The committee also indicted INITS Limited, the defunct ECNBA’s Technical Support Consultant (TSC), noting that “The INITS’ report did not include a Vote-by-Vote Audit Report. The Committee requested for the Report but was not able to obtain it before the submission of this Final Report.” Like ElectionBuddy, INITS Limited has been retained by the Akintunde-led ECNBA as joint ICT Service Provider for the 2022 Election.

Aside from generating a reliable voters register, the transparency of the electoral process has been in issue. The same is true of the election management body. Many analysts believe that Akpata got it right when he appointed Akintunde to spearhead the 2022 Elections, citing his avowed integrity and track record in conducting rancour-free elections at NBA Lagos Branch.

The NBA President had while inaugurating the Audit Committee stated that it (committee) “is already in the process of recommending reform measures to ensure that complaints about the NBA electoral process are significantly minimised.” The NBA Trustees had also committed to oversight electoral reforms.

The NBA Elections 2022 offer an uncommon opportunity not only for the NBA Board of Trustees, Akpata and Akintunde to walk the talk, but for all stakeholders to exhibit candour and good faith in ensuring that the association redeems its unwholesome electoral odyssey. There is no alternative to this desirable prospect.

To join our Telegram platform, please click here 

COPYRIGHT 2022 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

ANXIETY, AS ELECTIONBUDDY KEEPS MUM OVER NBA ELECTIONS

ElectionBuddy, the Edmonton, Canada based online voting platform, has kept mum over enquiries on how it plans to ensure transparency in tomorrow’s Nigerian Bar Association (NBA) Elections.

CITY LAWYER had yesterday sent an email to the verified email address of the company as well as to the social media handles of some of its ranking officials.

However, while the email was not returned as undelivered and the post to the company’s Messenger handle indicated “seen,” CITY LAWYER did not receive any response from the company at press time.

It is recalled that the NBA Electoral Reform and Audit Committee chaired by current Electoral Committee of the NBA (ECNBA) Chairman, Mr. Ayodele Akintunde SAN had in its final report stated that “INITS’ report revealed that during the elections on the ElectionBuddy platform, there were two major challenges. The first challenge was that based on the traffic and requests for the results between the first and second hour of the elections, voters and viewers began experiencing service degradation.”

CITY LAWYER sought to know how the returnee ICT Service Provider would tackle this challenge, moreso as the number of eligible voters has doubled to about 60,000 from 29,632 in year 2020.

Aside from seeking to know the transparency features being put in place by ElectionBuddy for the election, CITY LAWYER also sought to know how the ICT Service Provider plans to deal with alleged data diddling, a charge levied by Mr. Dele Adesina SAN, one of the presidential candidates in the 2020 NBA Elections.

CITY LAWYER equally sought assurances on the safeguards being put in place by ElectionBuddy against hackers, whether there are plans for an independent third-party verification of the electoral process, the specific roles to be played by ElectionBuddy and INITS Limited in relation to their collaboration as joint ICT Service Provider, and whether any framework has been put in place to shore up the high level of undelivered credentials to voters, given that about 14,000 of the 29,632 registered voters were unable to vote during the 2020 Elections due largely to non-receipt of ballots.

Meanwhile, there are strong indications that the Electoral Committee may adopt a similar ICT architecture as the one deployed for the controversial 2020 Elections.

CITY LAWYER investigation showed that the same email address through which voters received results of the 2020 NBA Elections was deployed by ECNBA to send out emails on its “Invitation to Manifesto Day and Presidential Debate” and “ECNBA: Test Message on Elections.”

The Electoral Committee has stated that ballots for the 2022 NBA Elections will be received through the same email address. In its latest release on the election, the committee stated that “Your voting link will be sent at 12.00AM GMT+1 on Saturday July 16 to the email address & phone number registered on your profile on the NBA Portal. Please check your Inbox, Spam, Junk and Trash Folders for a message from ecnba@evm.ng for the email.”

Akintunde however told CITY LAWYER that there is no cause for worry, even as he assured that the ECNBA has scheduled its third and final briefing today at 5 pm to answer all queries from stakeholders relating to the eagerly awaited election.

The full text of the Information Release reads:

Distinguished Chairmen, Learned Colleagues

Ahead of the elections on Saturday 16th July, 2022 commencing from 12:00am, please note that there will be a stakeholders meeting& press conference holding today, Friday 15th July, 2022.

Time: 5pm
Venue: 9 Oro Ago Crescent Garki 312, Abuja FCT

For virtual participation, register using the link below: https://bit.ly/3P8Ung9

Kind Regards,
Secretary ECNBA

To join our Telegram platform, please click here 

COPYRIGHT 2022 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

ANXIETY, AS 2 US FIRMS, OTHERS BATTLE FOR E-VOTING ROLE FOR NBA ELECTIONS

Two United States based Information and Communication Technology (ICT) service providers are battling to be hired by the Electoral Committee of the Nigerian Bar Association (ECNBA) to provide the electronic voting platform for the all-important NBA Elections, CITY LAWYER can authoritatively report. The other bidders are VATEBRA Limited and Africa Prudential.

However, while the Virginia based leading E-Ballot Voting Services has submitted a direct bid to deploy its voting platform for the elections, CITY LAWYER reliably gathered that INITS Limited is presenting ElectionBuddy, the ICT provider for the controversial 2020 NBA Elections, as its partner. While acting as the ICT Service Provider, INITS Limited will deploy ElectionBuddy e-voting platform for the elections. INITS Limited was the Technical Support Consultant (TSC) for the 2020 NBA Elections.

In a notice by the ECNBA, it said: “We wish to invite any member of the Association who has any reason why the foregoing entities should not be engaged as Information Communication Technology Service Provider by the ECNBA, to contact us by email (info@ecnba.ng) with all relevant facts in that regard by or before 11:59pm Tuesday 7 June 2022.”

CITY LAWYER recalls that in a Final Report dated March 16, 2021 and submitted to NBA National Executive Committee (NBA-NEC), the Ayodele Akintunde SAN-led NBA Electoral Audit and Reform Committee noted that the service providers for the controversial 2020 NBA Elections “were Tavia Technologies (“Tavia”) as primary election platform provider and ElectionBuddy as secondary election platform provider. INITS was the technical consultant.” Akintunde is the Chairman of the 2022 ECNBA.

In a damning indictment of the 2020 Elections, the committee stated that “Nigerian lawyers were again optimistic that the 2020 Elections would be seamless as all the challenges encountered in the 2016 and 2018 Elections would have been fully addressed,” noting however that “that was not the case, like the previous elections, the 2020 Elections was controversial and there were pre-election and post-election issues and challenges.”

Continuing, the Audit Committee said: “INITS’ report revealed that during the elections on the ElectionBuddy platform, there were two major challenges. The first challenge was that based on the traffic and requests for the results between the first and second hour of the elections, voters and viewers began experiencing service degradation.”

In a searing indictment of the Technical Support Consultant, the NBA Electoral Audit and Reform Committee noted that “The INITS’ report did not include a Vote-by-Vote Audit Report. The Committee requested for the Report but was not able to obtain it before the submission of this Final Report. It will contain the following details:

a. Voter;
b. Ballot Open Time;
c. Ballot Submission Time;
d. IP Address;
e. Position; and
f. Selected Candidate /Abstention.”

The Audit Committee had warned that “The challenges highlighted above are continuous occurrences which have plagued the electoral processes and if not resolved, will persist.”

The ECNBA is set to announce its choice of ICT service provider as the elections draw near.

To join our Telegram platform, please click here 

COPYRIGHT 2022 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

SHOCKER! NBA ELECTION PORTAL RESULT TALLIES WRONG

BY EMEKA NWADIOKE

• ALSO, MORE VOTERS ON PORTAL THAN ON VOTERS’ REGISTER

The tally of votes on the election portal deployed for the recently concluded Nigerian Bar Association (NBA) Election is incorrect, CITY LAWYER can authoritatively report.

Also, the Electoral Committee of the NBA (ECNBA) uploaded more voters than the number of voters published by the committee in its final verified voters’ register.

For the presidential race, while the election portal records that 18, 201 votes tallied and 54 abstentions were from “18, 256 ballots,” a tally of the votes and abstentions by CITY LAWYER shows that the correct total is 18,255 ballots. This shows that the total ballots shot up by one ballot.

When CITY LAWYER tallied the ballots for the post of 1st Vice President, the same error margin recurred. While the election portal hosted by ElectionBuddy, a world class election company, tallied the 17, 312 ballots and 943 abstentions at a total 18, 256 ballots, the actual figure is 18, 255 ballots.

For the post of 2nd Vice President, the election portal tallied the 15, 442 votes and 2,813 abstentions again at 18, 256 ballots as against the correct tally of 18, 255 ballots.

The tally for the post of General Secretary is not different. While ElectionBuddy tallied the 17, 941 ballots and 314 abstentions at 18, 256 ballots, the actual figure is again 18, 255 ballots, showing that the tally shot up by one ballot.

The error recurs for all the posts, including the uncontested posts such as Treasurer and Financial Secretary. The posts that suffered the same “mystery one vote” gap include Welfare Secretary, Publicity Secretary, Assistant Secretary and Assistant Publicity Secretary.

Meanwhile, the voters register deployed for the election may have exceeded the register used for the election again by one voter. While the ECNBA had in its “ECNBA STATEMENT N0. 018 ACCREDITED VOTERS LIST” declared the number of verified voters on the register as 29, 635, the records on the election portal show that 29, 636 voters were uploaded on the election platform. The notice on the election portal reads that 18, 256 ballots were “submitted of 29636 eligible voters.” 

It is recalled that the electoral committee had while announcing the number of verified voters on the final voters’ register said: “Further to the publication of the full list of legal practitioners qualified to vote, the ECNBA now presents a total of 29,635 verified and duly accredited members who have fulfilled all requirements for voting in the NBA National Officers elections 2020.”

When CITY LAWYER sought an explanation on the wrong ballot tallies from the Electoral Committee of the Nigerian Bar Association (ECNBA), its Secretary Cordelia Eke promised to provide an explanation. However, despite repeated reminders, this was not made available at press time.

Former NBA presidential candidate, Mr. Dele Adesina SAN had petitioned the NBA Board of Trustees over the elections, alleging rigging and other irregularities. In a petition dated 2nd August, 2020 Adesina stated that “Our I.C.T. Consultants informed us that though the voting site might have appeared credible on the surface as a decoy, it is apparent to state that the data uploaded to the site was programmed and preconfigured to achieve a premeditated result in an obvious case of data diddling.”

Continuing, Adesina said: “Right from the outset of the election and up till the end of same, all the candidates virtually maintained the same percentage of votes relative to each other and the total votes cast. This fact alone is indicative of the possibility of a system which was programmed towards a predetermined result. A close examination of the recorded result at different timelines shows percentage movement of the Presidential Candidates as 54%, 23% and 21% with little or no variation. The system was obviously programmed to distribute votes at either +1 or – 1 throughout the 24 hour period. According to the Interim Report of our Technical Team, “statistically, the voting result showed no randomness of any sort, which raises the question of whether there was no tampering of votes.” ”

According to results announced by ECNBA Chairman, Mr. Tawo Eja Tawo SAN, Mr. Olumide Akpata polled 9, 891 or 54.3 per cent votes to beat his closest rival, Dr. Babatunde Ajibade SAN who garnered 4,328 (23.8 per cent) votes.  Adesina polled 3, 982 votes (21.9 per cent) to bring up the rear. Adesina had a few hours to the end of the election demanded cancellation of the poll, saying it was fraught with irregularities. 

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

‘GIVEN WHAT I KNOW, NBA ELECTION LEAVES MUCH TO BE DESIRED’ – FORENSIC EXPERT

  • HOSTING RESULTS ON NBA PORTAL OPENS SYSTEM TO MANIPULATION

  • NUMBER OF UNDELIVERED NOTICES IS STAGGERING BY ANY PARAMETER

  • I DON’T BELIEVE PORTAL CAN SEND 5 NOTICES TO A VOTER

  • IT’S LAUGHABLE TO BLAME DND FOR UNDELIVERED NOTICES

Dr. Dominic Ehiwe is a Consultant in digital forensics & open source intelligence as well as an investigator for software, technology and intellectual rights violations. He works in the domain of information security, project management and quality control and assurance. He is Managing Partner of EON-Peace Consult Limited, a digital forensic investigation, information security consulting and IP rights violation investigation and litigation support services provider. He is also Executive Partner with ENSOPAR Forensic & Partners, a tax, audit and forensic accounting practice.

He is a certified Software Analysis & Forensic Engineering (SAFE, USA) software & tech intellectual property violation investigator, litigation support consultant and expert witness. Ehiwe has an Advanced Diploma in Forensic Accounting & Criminal Intelligence (FACI) from the University of Lagos, Nigeria. A member of Computer Forensic Institute of Nigeria, Ehiwe facilitates part-time a fully hands-on digital forensics investigation training course with the Institute of Advanced Forensics (IAF) in collaboration with the University of Lagos (UNILAG). He also serves as a resource person with the Nigeria Institute of Advanced Legal Studies (NIALS) and presents at conferences.

Ehiwe received a doctorate degree in Computer Science, Management Information Systems specialization (Ph.D MIS) from Babcock University and a Master’s degree in Computing from Birmingham City University, England in 2014. Earlier in 2006, he received a Bachelor’s degree in Economics (Statistics Major) from the University of Abuja. He has participated in many professional trainings and received several certifications in Information technology, project and risk management.

In this interview with EMEKA NWADIOKE, he speaks on the recent NBA Elections and the controversies that have trailed the elections.

Please tell us briefly about yourself.
I am Dr. Dominic Ehiwe. I practice as a Consultant in digital forensics & open source intelligence as well as an investigator for software & technology and intellectual rights violation.

Before the NBA Elections, you had an interactive session with a group of lawyers under the aegis of LEGAL TORCHBEARERS where you set out the key requirements to ensure that the 2020 NBA Election was free, fair, credible and transparent. Can you give us a brief recap of those requirements?
The session was a discussion about online voting and ways to ensure security and guarantee the integrity of the votes cast. We had discussed some key requirements. These measures include:
• Have a unique means of identifying every vote cast.
• Have a stakeholder agreed list of requirements that meets your need as a body and by which you measure the outcome.
• Ensure people do not vote more than once from a single device (This is possible to achieve)
• The system and process should cater for multiple levels of authorization to avoid a single individual hijacking the results.
• There should be mock trial of the election platform so you know what to expect during the real exercise.
• Have a process in place by which the results are auditable.

How would you rate ELECTIONBUDDY an election software provider?
To be candid, I know nothing about the service provider besides what you and I read about them online. Besides, I only knew who the provider was when one of your colleagues told me the election had held and the results published. I learnt it is a company based in the US. Hearing it’s a US based company, I checked to know more about the provider and see what information is available about their services. I did note though there is no form of contact information on their site detailing location information and other basic info one would expect of a service provider located in the US. To me, such businesses can be located anywhere and claim a different geographical location.

At the close of ballot, out of the 29,636 eligible voters, 18,256 or 62% ballots were submitted while 15,234 notices were declared as “undeliverable.” What is your view on this statistics?
I was sent the link to the results via WhatsApp and the first thing I noticed was the figure indicated as undeliverable notices. I recall showing my spouse the details on my phone and her first question was were these phone numbers or email addresses not verified before the votes were cast? That number is staggering by whatever parameter you choose to look at or rate it. Moreover, at that point I didn’t have much information about how verification for the exercise was done but I knew that figure would raise questions about the process.

Given that there were 29,636 eligible voters, will you consider that 28,525 emails and 17,887 SMS are adequate?
My thought is why this disparity between the Email and SMS figures sent to eligible voters? I do not expect members of your community with valid emails not to have valid mobile numbers as well. I do not know if some of you submitted emails only and others phone numbers which may likely account for this disparity. Also, the question is, did those to vote not know the exercise was to hold and have their mobile lines switched on to receive notifications about the exercise? Perhaps, the organizers can provide better answers to these if there is any justification for the differences. In addition, supposing I receive both email and SMS notification as someone eligible to vote, what gets counted for me if I go ahead to vote using both medium? But as I said the service provider or organizers can better explain this.

The results of the election were migrated to NBA server (https://go.nigerianbar.org.ng/Results) at some point in the election. What is your opinion on this?
This is interesting to note. I would expect any form of migration be done after and not during the exercise. Besides, one would need to review the NBA server logs to be able to confirm at what point data was migrated or shared between your systems and that of the service provider. However, from a security perspective, I would expect such migration to be after the exercise. I say this from a data security and assurance perspective. If any foul play was to take place, it could have been achieved when the records are in the systems of the party with ulterior motives. That being said, I would like to leave it at simply saying I perhaps would expect to see more relevant information to make better judgement.

Is the fact that evidence of voting was not received by the voter either via email or SMS of any consequence?
This I believe is part of the requirements that should have been verified before the exercise. In my session with your colleagues on the forum, I had mentioned the need to have a stakeholder agreed list of requirements. I feel strongly this should have been part of the checks and balance criteria to judge the transparency of an exercise like this.

The candidates allege lack of information regarding the Service Provider and the Election portal. Is this a valid charge?
This is a red flag that should have been addressed. Perhaps a mock trial of the election system could have been conducted. I believe the organizing body could have arranged for an exercise like this involving select representatives of all stakeholders. A body like the NBA could work something out, I like to hope. While there are no perfect elections or systems anywhere, more visibility about the service provider and their platform would have helped.

The election management body (ECNBA) did not reveal the election software provider to the candidates. The candidates did not also witness a test run of the election portal. What is your view on this?
To me, this is unacceptable? It paints the picture of something to hide. I leave it at that.

A presidential candidate in the elections alleged that the service provider was unable to deliver 14,000 notices to prospective voters 13 hours after the commencement of the Election. If true, is this sufficient to invalidate the election?
This raises questions about the integrity of the process. It raises concerns about how voters were verified for the exercise and those whose votes are returned as valid? From an observer point of view, I like to know what notices were given to members about the process to carry everyone along. However, about invalidating the election, I had advised your colleagues about having the rules by which invalidating the process is to be done or pursued. My opinion aligns with what your body agreed on this.

There are questions around the authenticity of the voters’ register. However, the Electoral Committee states that the use of a ‘unique identifier’ such as each voter’s Supreme Court Number made manipulation or over voting impossible. How true is this, moreso as the Supreme Court Number is largely in the public domain?
Having a unique identifier is insufficient. What is the essence of a unique identifier if I can vote multiple times? One needs to know in detail the security measures put in place to prevent people from voting more than once or using invalid or non-existing SCN to vote. Are you able to tell that the service provider’s platform validates the SCN of your members? These are questions that should have been asked and answered.

The final voters’ register used for the Election was released by the Electoral Committee about five (5) hours to the election. Is this sufficient to invalidate the register or the election?
This is laughable. If that is the case, I am confident to answer in the affirmative. Five hours? To verify accuracy of the records in 5 hours? For a body like yours?

A case of data diddling has been alleged, as especially the presidential candidates were said to have maintained the same percentage of votes relative to each other and the total votes cast throughout the election. It is alleged that the system was programmed to distribute votes at either +1 or –1, and that statistically, the voting result showed no randomness. What is your view on this?
I believe an independent auditing of the configurations agreed and set on the systems can show the real picture about this. I still like to stress that more visibility of the whole process would have helped. I also recall advising your forum colleagues on the need to have security professionals review the platform of the service provider. Perhaps, the election committee can tell you more about what checks were carried out.

About 38% of eligible voters could not cast their ballots as they did not receive voting links. How significant is this figure in an electronic voting system?
Very significant. This is close to half the number of eligible voters. This is significant enough to skew the results in a particular direction given the circumstances at play or engineered by anyone willing to achieve pre-defined objectives.

The NBA states that the 15,234 “undelivered notices” represent aggregate of undeliverable notices that were sent to each Verified Voter through the two notification channels – SMS and emails. It also represents the aggregate number of blasts of such notices to each of the affected Verified Voter. It states that there was a minimum of 5 blasts of notices to each voter or an aggregate 10 undeliverable notices, made up of 5 SMS and 5 e-mails – but did not represent the number of persons whose notices were not delivered. What is your view on this?
I do not believe the service provider runs an application system capable or configured to do this. I know the standard number of retry notifications application servers or services send is at most 2 to 3 notifications. One would need to see the service level agreement agreed with the provider to confirm this. Also, there are server logs that should show the number of notices sent. But to say five notices for that number of recipients begs for justification.

Do you agree with NBA’s assertion that the inability to deliver notices to voters was not attributable to the Election Platform, but to NBA’s poor database and the activation of DND in some voters’ mobile phones?
It is laughable to mention DND on mobile phones of members of a body looking forward to vote in an election. Did these people stop receiving messages before the election or had DND set for notices from the NBA prior to the exercise? Like I said, what was communicated to members prior to the election? How much sensitization was done about the whole process and what, as stakeholders, everyone had to do to achieve a fair exercise?

Do you agree with NBA’s view that the election was free, fair and credible because the link to each voter was unique and non-transferable, and it was also not possible to vote more than once using a single link?
Besides unique link and non-transferability of the link to vote, can we attest to a case of non-eligible or non-existing members not having participated in the election? The vote records are available somewhere. When in doubt, I believe further review should be possible to clarify the doubts where necessary.

Given what you know about the election, will you consider it as free, fair, credible and transparent, and why?
Based on what I know and have read from your members about the verification process and how the exercise was conducted, it leaves much to be desired in terms of credibility. I believe the organizers know this as well.

What are your suggestions for future NBA elections?
Be better organized and transparent. Involve relevant stakeholders in the process. Thank you.

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

NBA ELECTION CRISIS: AUDIT TO THE RESCUE?

BY EMEKA NWADIOKE

As the Nigerian Bar Association (NBA) 2020 Election inches to a close, the much anticipated inaugural audit of the election may be the elixir needed to calm frayed nerves and pull the poll away from the usual rancour that has bedeviled previous exercises.

Signs that the election may walk the troubled part of past polls emerged today when one of the presidential candidates, Mr. Dele Adesina SAN wrote to the Electoral Committee of the NBA (ECNBA) demanding cancellation of the election.

In a petition to the electoral committee, Adesina alleged that the election is fraught with irregularities, saying that the voters’ list “contained grave errors of omission and commission.” He listed some of the errors to include:

  1. Names of purported lawyers without branches ascribed to them from Serial Number 25171 to 29635;
  2. Names of Lawyers under the subheading “International Diaspora” from Serial Number 12182 to 12268. A clear violation of the provisions of the Constitution of the NBA;
  3. Inflation of the List of some Branches. For instance, Obollo-Afor Branch on the Final List for Verification had only 39 names on the List from Serial Number 30424 to 30462. Strangely, this increased to 662 on the Verified List;
  4. Deletion of Names of Members removed from the Final List;
  5. Many Members names found their way to Branches other than their own Branch.

Adesina stated that though he took up the matter with NBA President, Mr. Paul Usoro SAN as well as with a member of the Electoral Committee, “Some explanations were made though unsatisfactory by which time voting had actually started.” He stated that the Electoral Committee “admitted this error” in their Statement No. 019 when they stated that “the situation is regretted but arose because members in the course of Verification did not fully update information on their current Branches and/or sex.” He however noted that “nothing was done to rectify the situation.”

The presidential candidate also alleged that the voters’ register was padded with over 180 voters, saying: “The Addition of Votes Recorded plus Notices yet undelivered amounted to 29,820 which is 185 votes over and above the total number of voters on the Voters Register.”

He also alleged that “the System used for this Election was said to have been registered the very day the Election was to start and MoU was signed on that same day. This was done all alone by the President of the NBA.” He added that “There was no opportunity to interrogate the System before the commencement of the Election in order to determine its vulnerability, security and capacity.”

Adesina has practically rejected the outcome of the election, calling it a “sham.” His words: “I call on you Mr. Chairman and Members of the Electoral Committee of the Nigerian Bar Association to cancel this sham Election. It is needless to say that if the process is bad, the product cannot be good.”

A similar statement by the Dele Adesina Support Group is fundamentally on all fours with Adesina’s petition. Its list of alleged infractions includes the following:

  1. Failure to release the final voters list within constitutionally prescribed period.
  2. Over 4000 names were without Branches as required by the NBA Constitution.
  3. 86 lawyers were described as belonging to International Diaspora contrary to the provision of the NBA Constitution.
  4. Padding of Voters’ list of some Branches, and reduction in the number of published voters’ list of others. An example is Obollo-Afor Branch which has over 661 names on the voters list when the actual voters list is less than 60.
  5. Several branches had names of hitherto eligible voters removed from the final list.
  6. Several members had their names listed in Branches other than theirs.
  7. Many members have reported that they received notification of confirmation of voting when they neither received voting links nor voted.

At least one candidate for the post of General Secretary also complained bitterly to CITY LAWYER on what is generally perceived as a highly jaundiced voters’ list.

There is no gainsaying that the verified voters’ list as released by the electoral committee was seemingly an anti-climax, as it failed to build on the more robust “final list” released by the ECNBA. Apparently, the “clean up” of the final voters’ list was largely unsuccessful. It also does not seem that the electoral committee’s explanation on the issue fully exonerates it from blame. For example, how does it explain the increase in the number of voters for Obollo Afor by about 600 among sundry gaps.

Also, it is yet to be determined the number of eager and eligible voters who were disenfranchised by non-receipt of voting links either via email or short messaging service. While some of the affected voters contacted CITY LAWYER on the subject, subsequent feedback was not quite satisfactory.

There is no gainsaying that the electoral committee got it right with its appointment of ELECTIONBUDDY, a world class voting management software for the election. The Help Desk was also generally functional.

However, it is instructive that the voters’ list is not only central to any election, but is especially critical for electronic voting given the garbage in-garbage out concept.

It is refreshing that the ECNBA has promised an audit of the election. Hopefully, a comprehensive audit will answer all the posers raised by the stakeholders and pull the association back from another tumultuous era.