By Ed Malik, A | ed@ddnewsonline.com | posted november 6th, 2024
The recent SPA Ajibade & Co. 17th Annual Business Luncheon, has highlighted the pressing need for data protection and transparency in the context of electronic voting (e-voting) within the Nigerian Bar Association (NBA) elections. The event served as a pivotal forum to address the balance between embracing modern voting technologies and safeguarding fundamental democratic principles like privacy and fairness.
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With the theme, “Data Protection and Transparent Elections in the Nigerian Legal Profession: Charting a Way Forward,” the event served as a platform for legal professionals to explore the evolving dynamics of e-voting and advocate for ethical electoral practices.
Expressing views on transparency and data protection, experts at the luncheon emphasized the dual necessity of securing voters’ data while ensuring transparent processes in e-voting. This dual approach aims to bolster trust in electoral systems and set a benchmark for other organizations and the broader political environment.
In his presentation, the Managing Partner at Olumide Babalola LP, Olumide Babalola, shed light on the transformative potential of e-voting, highlighting both its conveniences and inherent challenges.
“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 said.
Citing granular understanding of e-voting systems, Babalola stressed the importance of educating voters about the operational mechanics of e-voting systems. This includes explaining the type of data collected during voting, storage and security measures for this data and the approved voter consent processes.
“Did we consent to our data being used only for the election? Or is it being transferred to another country, stored indefinitely, or analyzed for voting patterns?” queried Babalola.
In his presentation, he highlighted the tension between transparency and privacy. According to Babalola, legitimate interests under the Nigerian Data Protection Act (NDPA) and the General Data Protection Regulation (GDPR) could justify data use without explicit consent.
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“Candidates, the NBA, and the electorate have legitimate interests in accessing election data. However, this must be balanced with voters’ privacy rights,” he said.
While agreed that transparency is crucial Babalola stated that it must not become a weapon for misuse.
“The anonymity of voters must be respected, even during audits,” he asserted, calling for robust safeguards to protect voters’ privacy while ensuring fair elections.
Head, Enforcement unit, Nigerian Data Protection Commission (NDPC) Princewill Odinaka stressed the compliance with Section 24 of the NDPA, which mandates a transparent and lawful process for handling personal data.
He advocated for the NBA to conduct a Data Protection Impact Assessment (DPIA), as outlined in Section 28 of the Act, to address privacy risks associated with e-voting.
Transparency in NBA elections emerged as a critical point, with the experts demanding audits to ensure integrity.
Founding partner, Ayodele Akintunde & Co, Mr Richard Ayo Akintunde (SAN) noted improvements in data collection and payment systems but flagged issues with the voters’ register and post-election processes.
“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 noted.
Akintunde who was the former chairman of the ECNBA provided insights into the strides made since 2016. He acknowledged that while challenges remain, there has been significant progress, especially in data collation and the implementation of secure electronic voting platforms.
“Improvements have been made in the collation of members’ data and the accuracy of voter lists, thanks to new payment platforms. The acrimony over voter eligibility has significantly reduced, and the election process is more secure than before,” Akintunde stated.
He commended the detailed provisions of the constitution regarding the electoral process but stressed that there is always room for improvement.
“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,” he said.
Senior partner, Prime Solicitors, Mr Oluseun Abimbola (SAN) highlighted a broader societal challenge of trust deficiency in Nigerian systems, emphasizing the importance of credible people and processes to restore confidence.
“Even with facts staring us in the face, there’s skepticism. Trust must be built through transparency and accountability,” he said.
The experts therefore call for clearer policies, comprehensive audits, and adherence to data protection regulations to foster trust in the NBA’s electoral processes. The integrity of e-voting, they argued, lies in a delicate balance between openness and the protection of personal data.
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Earlier in his opening remarks, managing partner of S PA. Ajibade & Co, Dr. Ajibade Babatunde (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 and 2016.
“It’s very bad for the image of the profession, the purpose of this luncheon is to find a solution. People are passionate about this issue, but loyalty and support for certain individuals often overshadow the need for fairness.” Babatunde said.
He dismissed any intention of reverting to a delegated voting system, underscoring the necessity of robust dialogue to rebuild trust.
He noted a developing consensus on implementing transparent processes and conducting thorough audits to address perceptions of unfairness in election outcomes.
Babatunde said: “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.”
He also expressed optimism that reforms in the legal profession could influence other associations and even traditional political systems, saying; “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,” he stated.
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The luncheon underscored the responsibility of the legal profession to lead by example, advocating for best practices in transparent electoral systems. By addressing these concerns, the NBA can set a precedent for other professional bodies and influence the broader electoral landscape in Nigeria.