This article by Hon. Justice (Rtd) (Professor) Alaba Omolaye-Ajileye distinguishes the 2026 Electoral Act from its predecessor, the 2022 Electoral Act, by examining Section 47 of the current law which, unlike its predecessor that didn’t expressly specify which technological device should be used for voter accreditzation, specifically provides for the digital accreditation of voters by electronic verification, using only the Bimodal Voter Accreditation System (BVAS), with no room for manual accreditation even in the event of the failure of BVAS. He calls the attention of INEC and the courts, to the statutorily laid down procedure that must be followed, if BVAS fails
Bimodal Voter Accreditation System (BVAS)
Digital accreditation refers to the electronic verification of a voter’s identity and eligibility, before being allowed to vote. Under the Electoral Act 2026, accreditation is unambiguously required to be digitally conducted through the Bimodal Voter Accreditation System, popularly known as BVAS (Section 47 thereof refers). To provide clarity, it is essential to understand that BVAS is an acronym that stands for Bimodal Voter Accreditation System. The term ‘Bimodal’ is derived from the combination of two words: ‘bi’ meaning two, and ‘modal,’ an adjective formed from the noun ‘mode’. In essence, BVAS signifies an electoral accreditation approach that incorporates two distinct modes of accreditation: biometric fingerprint or facial recognition.
The essence of this article is to alert the Independent National Electoral Commission (INEC), the Nigerian courts, and other stakeholders, on the exclusive digital status of the accreditation process under the Electoral Act 2026 by the specific mention of BVAS as the prescribed device of accreditation, unlike the 2022 Electoral Act that merely mentioned the use of “a smart card reader or any other technological device”. There are many types of smart card readers, but none was specifically mentioned in the Electoral Act 2022.
The experience of the 2023 general elections and the litigation that followed revealed that, a hybrid accreditation regime that combined electronic accreditation through BVAS with manual marking of the Register of Voters was ultimately upheld by the courts. This position emerged largely from judicial interpretation of the provisions of the Electoral Act 2022, which did not expressly specify the particular technological device to be used for accreditation. In resolving disputes, the courts, objectionably, ventured beyond the bare provisions of the statute into INEC’s Manuals, Guidelines, and Regulations for the conduct of the 2023 elections, where references to the BVAS were located and relied upon to validate its use.
Statutory Foundation for the Exclusivity of BVAS for Voter Accreditation
The Electoral Act 2026, however, represents a deliberate legislative departure from the framework established by the 2022 Act, signalling a clearer statutory direction regarding the nature and method of voter accreditation. The statutory foundation for exclusive digital accreditation under the 2026 Electoral Act is Section 47, which prescribes the mode of voter accreditation in clear and mandatory terms. For the avoidance of doubt, Section 47 of the Electoral Act 2026 provides:
47(1) Any person intending to vote in an election shall present himself to a Presiding Officer for accreditation at the polling unit in the constituency in which his name is registered and shall provide permanent voter’s card (PVC).
(2) To vote, the Presiding Officer shall use a Bimodal Voter Accreditation System or any other technological device that may be prescribed by the Commission, for the accreditation of voters, to verify, confirm, or authenticate the particulars of the intending voter in the manner prescribed by the Commission.
(3) Where a Bimodal Voter Accreditation System or any other technological device deployed for accreditation of voters fails to function in any unit and a fresh card reader or technological device is not deployed, the election in that unit shall be cancelled and another election shall be scheduled within 24 hours if the Commission is satisfied that the result of the election in that polling unit will substantially affect the final result of the whole election and declaration of a winner in the constituency concerned.
Section 47(2) clearly provides that the accreditation of voters shall be carried out using a Bimodal Accreditation System or any technological device prescribed by INEC for that purpose. The operative word “shall”, under the subsection, has been consistently interpreted in judicial authorities as generally denoting compulsion, and leaves no room for discretion or alternative procedures outside those authorised by the statute. By vesting the accreditation process exclusively in BVAS, the Electoral Act 2026 establishes a single, unified, and digitally driven method of accreditation, thereby excluding any parallel or supplementary system of manual accreditation. The legal implication of this provision is that any regulation, guideline, or manual issued by INEC that purports to introduce or preserve manual accreditation alongside digital accreditation, would be inconsistent with the clear provisions of the Act, and to that extent, ultra vires and of no legal effect.
Accordingly, it can now be firmly asserted that under Section 47 of the Electoral Act 2026, BVAS now serves as the primary mechanism for voter accreditation. Section 47(3) provides the operative legal force underpinning its use, as the subsection affirms and legitimises the technological evolution of the electoral accreditation process, thereby positioning BVAS not merely as an administrative innovation, but as a statutorily anchored technological instrument for voter accreditation.
Reinforcement of the Exclusivity of BVAS
The exclusivity of digital accreditation through BVAS under the Electoral Act 2026, is further reinforced by the introduction of a strict procedural consequence tied to device failure. Significantly, rather than permitting manual accreditation as an alternative, Section 47(3) establishes a conditional nullification framework, structured around four sequential conditions.
In the first place, the law acknowledges that an accreditation device (in this case, BVAS) deployed to a polling unit may fail. Secondly, if the BVAS deployed to a polling unit fails, the law makes provision for a replacement of the device to restore the accreditation process. Thirdly, where a replacement device is not deployed within the time specified under the Act (24 hours), the election in that polling unit shall be cancelled, and a rerun election shall be scheduled. Fourthly, the scheduling of a rerun election in the affected polling unit shall, however, be contingent upon the satisfaction of INEC that the result from that polling unit would substantially affect the overall outcome of the election. In effect, this statutory architecture underscores that technological accreditation is not optional but mandatory, and that failure of the device does not authorise a fallback to manual accreditation, but instead, triggers a legally structured process of cancellation and conditional rerun. The doctrine of statutory exclusivity applies with full force, in this context.
Where a statute prescribes a particular method for performing an act, that method—and no other—must be followed. This principle is well established in administrative and electoral jurisprudence, and operates to prevent administrative bodies from introducing procedures not contemplated by the enabling statute. It is, therefore, appropriate at this stage, when the INEC Manual, Guidelines, and Regulations for the 2027 Elections are yet to be published, to draw the attention of INEC to the fact that the inclusion of manual accreditation as a fallback or supplementary procedure—whether in manuals, regulations, or guidelines—runs contrary to the current statutory scheme. INEC should also note the trite law that, administrative instruments cannot override or expand statutory provisions. Where such conflict arises, the statute prevails, and the conflicting administrative provisions must yield.
Digital accreditation represents a departure from the traditional and archaic manual system that relied on marking of voters’ registers. Under the contemporary statutory framework, accreditation of voters using an electronic device constitutes not merely an administrative innovation, but a statutory command that forms an integral component of the electoral process. The legal significance of this development lies in the fact that, accreditation constitutes the gateway to voting. Any compromise in the accreditation process, inevitably undermines the credibility of the voting process itself. Therefore, the statutory insistence on digital accreditation is not accidental; it is central to electoral integrity.
Disadvantages of Manual Accreditation
The exclusion of manual accreditation under the 2026 Electoral Act, should be taken as reflecting the broader legislative objective of enhancing electoral transparency and integrity. Historically, it is well known that, in Nigeria, manual accreditation through marking of registers was vulnerable to impersonation of voters, underage voting, multiple voting, inflation of voter turnout, manipulation of electoral records, falsification of figures, primitive snatching of ballot boxes, and stuffing of ballot boxes with thumb-printed ballot papers, amongst other electoral vices associated with the Nigerian electoral system. The introduction of BVAS represents a deliberate policy and legislative shift, aimed at replacing subjective human verification with objective biometric verification. By mandating technological accreditation and indirectly prohibiting manual alternatives, the law seeks to eliminate opportunities for manipulations associated with manual systems.
For INEC, the mandatory use of BVAS imposes stringent operational and administrative obligations of a non-discretionary character. These obligations include, but are not limited to, ensuring the adequate deployment of BVAS devices to all polling units, providing sufficient backup devices to mitigate the risks of malfunction or power failure, and providing comprehensive and continuous training to electoral personnel on the proper use, management, and troubleshooting of BVAS technology. In addition, INEC is required to maintain a reliable and responsive technical support infrastructure throughout the election period, in order to guarantee the seamless operation of the accreditation process and to minimize disruptions that may compromise the integrity of the exercise.
Beyond these logistical responsibilities, the Commission retains its statutory duty under Section 47(2) of the Electoral Act, 2026, to prescribe, through its regulations, guidelines, and manuals, the detailed procedures by which the particulars of prospective voters are to be verified, confirmed, or authenticated using BVAS. This regulatory responsibility is not merely administrative, but foundational to the legality of the accreditation process, as the validity of voter accreditation is ultimately measured against the procedures formally prescribed by the Commission.
Role of the Judiciary
In the days ahead, the Judiciary will be required to play a decisive role in safeguarding the integrity of electoral processes. Judicial officers who will be handling election petitions must maintain a clear understanding of the statutory framework governing accreditation. Training programmes and judicial workshops, should emphasise the legal distinction between statutory commands and administrative procedures. Judicial clarity on this, issue will significantly reduce the risk of inadvertent validation of unlawful practices.
Nigerian courts should appreciate the shift in the paradigm of electoral jurisprudence, brought about by the positive enactment of BVAS as the sole means of accreditation under the 2026 Electoral Act. Accordingly, in electoral disputes that may ultimately arise, courts must distinguish between statutory provisions and administrative guidelines. While guidelines may assist in understanding procedural details, they cannot override statutory commands. Therefore, as the governing statute (Electoral Act 2026) has prescribed digital accreditation by BVAS, courts must insist on proof of due compliance with the digital procedures. Any reliance on manual processes inconsistent with statutory requirements, should be treated as non-compliance.
Conclusion
In conclusion, it is clear that the Electoral Act 2026, establishes a clear and mandatory framework for digital accreditation of voters using BVAS This statutory mandate leaves no room for parallel or supplementary manual accreditation procedures, unless expressly authorised by law.
As Nigeria approaches another electoral cycle, it is imperative that all stakeholders—including electoral administrators, legal practitioners, judicial officers, and prospective voters—recognise the exclusive digital character of the accreditation process. The avoidance of past pitfalls requires strict fidelity to statutory provisions, careful alignment of administrative instruments with legislative mandates, and vigilant judicial interpretation. This is one of the crucial ways that the integrity of the accreditation process can be preserved, and the credibility of the 2027 elections assured.
Hon. Justice (Rtd) (Professor) Alaba Omolaye-Ajileye, formerly of the High Court of Kogi State; Visiting Professor, National Open University of Nigeria
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