BVAS Now Sole Method of Voter Accreditation Under Electoral Act 2026 — Legal Expert
Abuja, Nigeria — A retired High Court judge and legal scholar, Hon. Justice (Prof.) Alaba Omolaye-Ajileye, has declared that the Electoral Act 2026 establishes a fully digital and exclusive system for voter accreditation, eliminating any room for manual processes in Nigeria’s elections.
In a detailed legal analysis, the former judge explained that Section 47 of the new law makes the Bimodal Voter Accreditation System (BVAS) the mandatory tool for verifying voters’ identities before they can cast their ballots. According to him, the use of the word “shall” in the provision imposes a strict legal obligation, leaving no discretion for alternative methods outside those prescribed by the law.
He noted that the new legislation marks a clear departure from the Electoral Act 2022, which allowed broader interpretation by referencing “a smart card reader or any other technological device.” That ambiguity, he said, led to judicial acceptance of a hybrid system during the 2023 general elections, where electronic accreditation was combined with manual voter register marking.
Justice Omolaye-Ajileye argued that such a hybrid approach is no longer legally tenable under the 2026 framework. He stressed that any guideline or regulation issued by the Independent National Electoral Commission (INEC) introducing manual accreditation alongside BVAS would be inconsistent with the law and therefore invalid.
The legal expert further highlighted that the Act provides a strict procedure in cases where BVAS fails at a polling unit. Rather than allowing manual fallback, the law mandates replacement of the device. If no replacement is provided within the stipulated time, the election in that unit must be cancelled and rescheduled—provided the results would significantly affect the overall outcome.
He described this as a “statutory commitment to technological integrity,” emphasizing that accreditation is the gateway to voting and must be safeguarded to ensure credible elections.
Justice Omolaye-Ajileye also urged INEC to meet its operational responsibilities by ensuring adequate deployment of BVAS machines, provision of backup devices, and proper training of electoral personnel ahead of the 2027 general elections.
He called on the judiciary to align strictly with the new legal framework, warning against reliance on administrative guidelines that conflict with statutory provisions. Courts, he said, must demand clear proof of compliance with BVAS-based accreditation in any electoral dispute.
The shift to full digital accreditation, he added, is designed to curb longstanding electoral malpractices such as impersonation, multiple voting, and manipulation of voter registers.
As Nigeria prepares for the next electoral cycle, the legal scholar advised all stakeholders—including INEC officials, political actors, and voters—to recognise and adhere to the exclusive digital accreditation system to ensure transparency and credibility in the 2027 elections.
(DEMOCRACY NEWSLINE NEWSPAPER, APRIL 25TH 2026)
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