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Says result-transmission disputes could threaten 2027 poll stability
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From Godwin Tsa, Abuja
The Chairman of the Independent National Electoral Commission (INEC), Prof. Joash Amupitan, on Monday told the 375 judges who will hear petitions arising from the 2027 general election that political stability will depend not only on how efficiently INEC conducts the polls, but on how “courageously, transparently, and justly” the tribunals resolve the disputes that follow.
Amupitan spoke in Abuja at the opening of a three-day workshop for Justices of the Court of Appeal and members of the 2027 Election Petition Tribunals, themed “Election Tribunal as a Tool for Political Stability”.
The event also featured the swearing-in of the chairmen and members of the tribunals and the unveiling of the Second Edition of the Judicial Electoral Manual (JEM) 2026 by the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun.
With the presidential and National Assembly elections fixed for 16 January 2027, and the governorship and State Houses of Assembly elections for 6 February 2027, the INEC chairman said the legitimacy of Nigeria’s democracy rests on “impartial electoral administration and fearless judicial adjudication.”
He described the Election Petition Tribunal as “the constitutional valve that releases political pressure and prevents electoral friction from devolving into civil disruption”, citing Section 285 of the 1999 Constitution (as amended) and Section 134(1) of the Electoral Act 2026, which channel political disputes from the streets into the courtrooms.
Amupitan warned that where adjudication is seen as unpredictable, excessively technical or delayed, political stability is threatened.
The INEC chairman singled out Section 60(3) of the Electoral Act 2026, which deals with electronic transmission of polling-unit results and the legal implications of communication failures. Its interpretation, he said, “may feature prominently in future petitions.”
He noted that INEC’s Regulations and Guidelines for the Conduct of Elections, 2026, mandate the use of the Bimodal Voter Accreditation System (BVAS), prescribe procedures for uploading results to the INEC Result Viewing Portal (IReV), and set safeguards for reconciling electronic records with physical result sheets during collation.
According to him, the guidelines also provide mechanisms for handling technological failures and result discrepancies, and give “clearer operational standards against which allegations of non-compliance may be evaluated.”
On the evidential weight of such technology, Amupitan said it “should neither be treated as infallible nor discounted simply because the evidence is electronic.” He urged the tribunals to consider the authenticity, reliability and probative value of BVAS data, IReV records, result sheets and voters’ registers.
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The INEC chairman also warned that the threats to the electoral process have grown beyond ballot snatching to include AI-powered disinformation, audio cloning and deepfake videos.
He identified three likely attack vectors: AI-generated messages impersonating election officials to claim that polling units in particular areas have been relocated or cancelled; deepfake audio or video released during the statutory broadcast blackout before polls open; and cloned videos of Returning Officers falsely declaring results before collation ends.
These threats, he said, would spill into the courtrooms, with fabricated clips presented as proof of malpractice, or genuine footage dismissed as AI-generated, a phenomenon he called the “Liar’s Dividend.” He urged the tribunals to apply rigorous standards under Section 84 of the Evidence Act, insisting on digital provenance, forensic chain of custody and certified data from INEC.
While calling for closer professional engagement between INEC and the judiciary, Amupitan said such interaction “is not an avenue to influence judicial decisions or discuss the merits of pending proceedings.”
He added that the commission “respects these constitutional boundaries and remains committed to compliance with valid judicial decisions.”
He also called for consistency in judicial reasoning on substantial compliance, burden and standard of proof, and candidate nomination. He said conflicting decisions on similar facts create uncertainty and undermine public confidence, and described the JEM 2026 as “an indispensable compass” for the tribunals.
On timelines, he said expedition “must never displace the fundamental right to fair hearing”, but urged the judges to “avoid technicalities that defeat substantive justice.”
“The altar of public confidence”
Addressing the newly sworn tribunal members, Amupitan said they carry “the democratic aspirations of over 200 million Nigerians”, and described the courtroom as “the altar upon which public confidence in constitutional governance is preserved.”
He thanked the President of the Court of Appeal, Justice M. B. Dongban-Mensem, for inviting INEC to deliver opening remarks, and commended the Court of Appeal, the National Judicial Institute and the legal experts behind the manual.
