NBA ELECTIONS, ELECTRONIC VOTING AND IMPERATIVE OF BACKEND TRANSPARENCY

BY CHIDI UDEKWE

Since Augustine Alegeh, SAN, introduced universal suffrage and electronic voting in 2014, the Nigerian Bar Association (NBA) has faced repeated crises of confidence in its electoral system. The adoption of universal suffrage and electronic voting was historic, promising efficiency, and modernization. Yet, as Sylvester Udemezue noted in his article “A Gathering Storm in the Nigerian Bar”, electronic voting opacity has become the fundamental fault line threatening the Association’s unity and legitimacy. He rightly observed that “formal assurances of transparency are no longer enough; members want to see, verify, and trust that it is transparent.” The problem is not merely political rivalry, regional zoning or adoption of a candidate; it is the loss of confidence in the process itself.

The elections of 2016, 2018, 2020, 2022, and 2024 all ended with accusations of disenfranchisement, hacking, and backend tampering. In 2018, following the declaration of Paul Usoro SAN as winner, contestants such as Prof. Ernest Ojukwu SAN and Arthur Obi Okafor SAN instituted actions in court, alleging irregularities in the electronic voting system. Similarly, in 2020, after Olumide Akpata was declared winner, rival candidates including Dele Adesina SAN challenged the process in court, citing compromised integrity of the electronic platform. These legal battles underscored the deep mistrust surrounding the NBA’s electoral procedures. By contrast, in 2022, when Yakubu Maikyau SAN emerged victorious, objections were raised but largely contained within the NBA’s internal mechanisms, with limited recourse to litigation.

The 2024 election of Mazi Afam Osigwe SAN continues this evolving trend: contestants such as Chukwuka Ikwuazom SAN and Tobenna Erojikwe openly rejected the process and demanded independent audits.

Each cycle deepened the credibility crisis of the NBA, confirming Udemezue’s warning that “once a significant portion of the electorate begins to believe the process is compromised, the legitimacy of the eventual outcome is endangered.”

If electronic voting is to remain, I strongly propose and urge colleagues to demand that mandatory mock voting demonstrations and verification of the platform of the electronic voting must precede every election. These exercises should require all aspirants to be present with their designated technical experts, who must be granted controlled access to the system’s backend during the mock vote. This will allow them to verify that votes cast are not diverted or manipulated in favor of any candidate, addressing the recurring allegations that have plagued past elections, while neutral and independent technology auditors supervise both the mock and actual voting.

Crucially, certification of system integrity must occur before the election, not after, so that confidence in the process is established at the outset rather than defended retroactively. By institutionalizing these measures, mock voting, backend transparency, and preelection auditing, the NBA can restore trust in its electoral process and ensure that universal suffrage and electronic voting achieve their intended democratic purpose.

Under the NBA Constitution, the Electoral Committee of the NBA (ECNBA) conducts elections, with members appointed by NEC. While communiqués emphasize transparency, the refusal to allow independent audits or demonstrations has escalated suspicion. Lawyers, trained to test evidence and probe procedure, should not accept mere assurances. The ECNBA must recognize that such exercises are vital to guarantee the credibility of the assurances it gives.

Branch elections of the NBA where electronic voting systems are deployed must equally be subjected to independent tests and audits.

Similar complaints have arisen from branch elections, such as those in Abuja, Lagos, Ikorodu, and Port Harcourt, where lawyers questioned the transparency and reliability of the electronic platforms. Without such verification, assurances of fairness remain unconvincing, and the credibility of both branch and national elections is compromised.

Ironically, the NBA routinely demands credible elections from government, yet its own elections remain distrusted. As Udemezue warned: “An institution that speaks loudly about credible elections in the larger society must ensure that its own elections inspire confidence among its own members.”

The NBA stands at a crossroads. One path leads to reform, transparency, and restored confidence; the other leads to deeper suspicion, chronic litigation, and weakened authority. As Udemezue cautioned, “the issue is not who wins; the issue is whether members trust the process.”

The way forward is clear: no electronic voting platform should be deployed without prior demonstration and backend verification. Anything less will perpetuate distrust and erode the democratic process within the NBA.

Udekwe is a senior lawyer and President of Otu Oka Iwu Abuja

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