A lawyer and founder of the Nigeria Election Petition Organisation, Ameze Belo-Osagie, has raised concerns over the way Nigerian courts have interpreted electronic evidence in election petition cases involving the Bimodal Voter Accreditation System (BVAS).
Osagie said the introduction of BVAS should make it easier for litigants to establish certain electoral discrepancies, particularly allegations involving over-voting.
She made the comments during an interview with ARISE NEWS, where she discussed the challenges surrounding the use of electronic evidence in election litigation.
According to the lawyer, petitioners seeking to establish over-voting could compare the number of voters accredited through BVAS with the voter register and the votes recorded at polling units.
She argued that the relevant BVAS reports, voter register and polling-unit results should provide important documentary evidence when determining whether the number of votes recorded exceeds the number of accredited voters.
However, Osagie expressed concern that some election petitions involving BVAS evidence had failed because, in her view, courts had interpreted a Supreme Court precedent too broadly.
She said some courts had treated the precedent as requiring petitioners to produce the physical BVAS machines in court, rather than relying on the electronic records and reports generated by the system.
Osagie maintained that such an interpretation could create additional difficulties for petitioners attempting to challenge disputed election results.
She said the issue was particularly significant because electronic evidence has become an increasingly important part of election litigation following the introduction of technology into Nigeria’s electoral process.
The lawyer also referred to her research into election litigation, which examined more than 3,300 election tribunal judgments spanning more than two decades.
According to her, the study showed that different categories of election disputes face varying evidential challenges in court.
She noted that qualification-related cases have historically recorded significant success because they can often be established through documentary evidence.
Other allegations, including vote-buying and electoral violence, she said, can be more difficult to prove because petitioners must satisfy the applicable evidential requirements.
Osagie also argued that election petitions should provide an avenue for courts to examine evidence and establish what happened during an election, rather than focusing predominantly on technical issues.
She said the credibility of election litigation could be affected when cases are determined primarily on procedural or technical grounds without adequate consideration of the evidence presented.
Her comments come ahead of the 2027 general elections, when BVAS is expected to remain an important component of Nigeria’s electoral process.
The Independent National Electoral Commission (INEC) has continued preparations for the 2027 elections, including efforts to strengthen the use of technology and improve electoral processes.
Osagie said pre-election litigation would also be significant ahead of the next general election because court decisions can determine whether individuals meet the legal requirements to appear on the ballot.
She further called for greater transparency and accessibility of election-related information, arguing that broader access to relevant records would help litigants and members of the public better understand how election results were generated.
According to her, improving access to electoral information would also make it easier for parties challenging election results to present evidence before the courts.
Osagie stressed that electoral reforms should focus on preventing malpractice before and during elections rather than relying mainly on litigation after results have been announced.
The lawyer’s comments have renewed attention on the role of electronic evidence in Nigeria’s electoral dispute-resolution process and the need for clear interpretation of judicial precedents involving BVAS.
As preparations for the 2027 elections continue, the handling of BVAS records and other electronic evidence is expected to remain an important issue for political parties, candidates, election observers and the courts.
