2027 Elections: Legal Gaps Of INEC’s Plan To Deploy AI
The Independent National Electoral Commission (INEC) created a legal gap for the use of AI during the amendment of 2026 Electoral Act. INEC never pushed for the use of AI during 2026 Electoral Amendment period. There are legal gaps between the use of AI to conduct elections and constitutional provisions. INEC electoral guidelines is not enough to introduce AI for the conduct of 2027 elections because during electoral litigations judges will not accept AI documents. 2026 Electoral Act and the Constitution will guide the judges during trial of cases.
The plan by INEC to deploy AI tools to help in identifying discrepancies in election result records is not backed by Nigeria Constitution and not provided for in 2026 Electoral Act. Nigerian judiciary will rule on technicalities on the use of AI for 2027 elections. Edo 2024 election Supreme Court judgment posed danger to Nigeria’s fragile democracy is a good example. The Supreme Court judges ignored credible evidence; dismissed PDP’s petition solely on grounds of technicalities. During electoral disputes, the judiciary remains the last hope of Nigerians in restoring their confidence in the fragile electoral integrity in Nigeria. But the controversies surrounding the Edo 2024 governorship election collation of results underscore a deepening crisis of trust in Nigeria’s electoral system and raise critical questions about the integrity of the Independent National Electoral Commission (INEC) in the use of AI in the coming 2027 elections. INEC did not go to court to defend the IREV result as certified by them.
As the judiciary prepares to address these challenges, Nigeria stands at a pivotal moment. The decisions made by the judiciary will either uphold the sanctity of democracy or further erode public confidence in the nation’s democratic institutions. The world is watching closely INEC’s plan for the use of AI.
The Independent National Electoral Commission (INEC) has begun the deployment of Artificial Intelligence (AI) tools to help in identifying discrepancies in election result records ahead of the 2027 general elections. Chairman of INEC, Prof. Joash Amupitan (SAN), disclosed this yesterday in Ottawa, Canada, while addressing the Global Conference on Responsible AI and Elections. Amupitan said the initiative formed part of INEC’s broader efforts to institutionalise the responsible use of AI in electoral administration and improve the credibility and efficiency of the electoral process.
The Independent National Electoral Commission (INEC) has established a dedicated Artificial Intelligence Division within its ICT Department to deploy AI tools—such as intelligent results management systems to check for data discrepancies—to enhance credibility and efficiency for the 2027 General Elections.
Objectives of the AI Integration
Result Verification: Use intelligent data tracking to automatically detect errors, anomalies, and discrepancies in election result records.
Logistics & Planning: Optimize geospatial intelligence, material deployment, and polling unit distribution.
Voter Services: Scale up automated voter engagement and support tools.
All these are not provided for in the 2026 Electoral Act.
Recently, the Chief Justice of Nigeria at the Annual Conference of Justices of the Appeal Court lamented growing negative perception of the judiciary, urging all stakeholders to stem the tide. How did we get here and what do you think should be done to arrest this trend?
The growing negative perception of the judiciary stems from allegations of corruption, delays in dispensing justice, conflicting judgments, and a seeming disconnect between judicial outcomes and societal expectations. Years of systemic neglect, a lack of transparency, and the failure of key stakeholders to enforce accountability within the judiciary have played significant roles. Additionally, unethical practices by a few judicial officers have cast a shadow over the entire institution, further eroding public confidence.
Since the return of democracy to Nigeria in 1999, the Independent National Electoral Commission has struggled to conduct credible polls. The electoral umpire has conducted seven general elections in 24 years and has also had many of those elections upturned by courts as a result of electoral malpractices which have strengthened electoral integrity in Nigeria.
Edo 2024 Election Supreme Court judgment is a good example why AI tools will not work because the judgment was written to legitimise a fundamentally compromised judicial and electoral processes. Section 137 of Electoral Act 2022 is about Effect of non-compliance. It is under Part VIII (Determination of Election Petitions arising from Elections) of the Act. It shall not be necessary for a party who alleges non-compliance with the provisions of this Act for the conduct of elections to call oral evidence if originals or certified true copies manifestly disclose the non-compliance alleged.
Justice Agim held in Oyetola v Adeleke in 2022 that if documents admitted manifestly and apparently show noncompliance, oral evidence may be dispensed with. Supreme Court delivered a political judgment on Edo 2024 Election which was not based on any electoral law. The judgment was allegedly leaked before the day of judgment which has raised questions about the integrity of the judges. With this type of judgment, AI will not produce free and fair results for 2027 elections because it is not backed by any electoral law.
In Edo State 2024 Governorship Election judgment, the Supreme Court abandoned Section 137 of the Electoral Act 2022 and gave a political verdict in favour of Senator Monday Okphebholo. The supreme court ruled that the petitioners failed to prove their allegations of over-voting after ignoring PDP evidence and upheld that Okpebholo secured the highest number of valid votes. The court also criticised the manner in which the petitioners presented their evidence, stating that it did not sufficiently support their claims with oral evidence. For judiciary to reject documentary evidence is strange to Nigeria’s electoral laws.
Why will the judges be asking for oral evidence when the law says otherwise when certified true copies were tendered and accepted by the tribunal in evidence. The tribunal said that the BVAS machines were tendered through the bar and not through anybody and were just sitting dormant as no evidence was led as to its content. It was the Head of INEC ICT Unit that tendered the BVAS at the tribunal.
The credibility of Nigeria’s electoral process has always been a subject of intense debate. While politicians make grand promises about deepening democracy, the reality is that the judiciary, which should be the last hope of the common man, has not played its part well. The 2015 gubernatorial elections in Akwa Ibom and Rivers States stand as glaring examples of this crisis, where overwhelming evidence of electoral malpractice was ultimately buried at the court.
If democracy is to survive in Nigeria, judicial reforms are non-negotiable. The process of adjudicating election petitions must be reviewed to remove unnecessary legal hurdles that favor incumbents and perpetrators of fraud. Election petitions should focus on the credibility of evidence rather than procedural technicalities.
Inwalomhe Donald writes via inwalomhe.donald@yahoo.com
