Amid the evolving nature of electronic voting (e-voting) in the Nigerian Bar Association (NBA) elections, experts have advocated for transparency and data protection.

They made the call at the SPA Ajibade & Co. 17th Annual Business Luncheon with the theme “Data Protection and Transparent Elections in the Nigerian Legal Profession: Charting a Way Forward”.

The luncheon is aimed to serve as a call to action for legal professionals to lead by example in promoting fair and transparent electoral practices, potentially setting a standard for other professional bodies and the broader political landscape.

In his presentation, Mr. Olumide Babalola underscored the transformative nature of e-voting and its attendant challenges.

His words: “We’re all used to the manual way of voting, physically casting votes on paper. Now, with e-voting, you can cast your vote from anywhere, relying solely on digital platforms. While this is convenient, it raises critical concerns about data privacy and the freedom to vote without fear of exposure.”

He emphasized the need for granular explanations of how e-voting systems operate, ensuring voters understand the data being collected, how it is stored, and what consents they are providing.

“Did we consent to our data being used only for the election? Or is it being transferred to another country, stored indefinitely, or analysed for voting patterns?” he queried. “Candidates, the NBA, and the electorate have legitimate interests in accessing election data. However, this must be balanced with voters’ privacy rights.”

While agreeing that transparency is crucial, Babalola stated that it must not be abused, saying: “The anonymity of voters must be respected, even during audits.” He urged robust safeguards to protect voters’ privacy while ensuring fair elections.

The Head of Enforcement Unit at the Nigerian Data Protection Commission (NDPC), Mr. Princewill Odinaka stressed compliance with Section 24 of the NDPA which mandates a transparent and lawful process for handling personal data.

He stated that NBA should conduct a Data Protection Impact Assessment (DPIA), as outlined in Section 28 of the Act, to address privacy risks associated with e-voting.

A former Chairman of the Electoral Committee of the NBA (ECNBA), Mr. Richard Akintunde, SAN, noted improvements in data collection and payment systems, but flagged issues with voter register and post-election processes.

He said: “There’s always a lack of post-election audits; our Committee recommended independent audits free from the influence of the ECNBA or candidates, to ensure the credibility and transparency of the process.”

He provided insights into the strides made in NBA e-voting processes since 2016, adding that while challenges remain, there has been significant progress especially in data collation and implementation of secure electronic voting platforms.

His words: “The challenges we faced in 2016 are not the same as those in 2022 or 2024. While progress has been remarkable, continuous refinement is essential to sustain credibility.”

On his part, current ECNBA Chairman, Mr. Oluseun Abimbola, SAN, highlighted a broader societal challenge of trust deficit in Nigerian systems, emphasizing the importance of credible people and processes to restore confidence.

He said: “Even with facts staring us in the face, there’s skepticism. Trust must be built through transparency and accountability.”

The experts called for clearer policies, comprehensive audits, and adherence to data protection regulations to foster trust in NBA’s electoral processes. The integrity of e-voting, they argued, lies in a delicate balance between openness and protection of personal data.

Earlier in his opening remarks, Managing Partner of SPA Ajibade & Co, Dr. Babatunde Ajibade, SAN, emphasized the urgent need for transparency and reform to salvage the credibility of the legal profession.

He highlighted the growing concerns over persistent disputes following elections, particularly since the adoption of electronic voting in 2014.

“It’s very bad for the image of the profession,” he said. “The purpose of this luncheon is to find a solution. People are passionate about this issue, but loyalty and support for certain individuals often overshadows the need for fairness.”

He dismissed any intention of reverting to a delegated voting system, underscoring the necessity of robust dialogue to rebuild trust. His words: “An audit, as supported by experts and electoral officers, ensures that doubts are resolved, and losing candidates can acknowledge their defeat as fair. Transparency is key to eliminating the perception that results are flawed.

“If lawyers get it right, others like the Nigerian Medical Association (NMA) which recently faced chaotic elections, may follow suit. Greater transparency could prompt a cultural shift in how elections are perceived and conducted.”

CREDIT: THISDAY LAWYER

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