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| A photo combination of the SERAP logo and the INEC chairman. |
The Socio-Economic Rights and Accountability Project (SERAP) has urged Professor Mahmood Yakubu, the Chairman of the Independent National Electoral Commission (INEC) to โwidely publish the details of safeguards and mechanisms put in place to protect the privacy and security of election information and data in the custody of INEC, including in its servers, databases and other electronic formatsโ.
SERAP urged him to โclarify whether any third-party is involved in the collection, control, and use of election information and data, the legal rules and processes guiding the choice of any such third partyโ.
SERAP also urged him to โclarify the other location or locations where election information is stored apart from Abuja, and the details of any third-party who has access to such a database, the safeguards and contingency plans put in place by INEC to address any threats to the privacy and security of election informationโ.
In a Freedom of Information request dated 26 March 2022 and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: โEnsuring adequate safeguards and mechanisms to protect the privacy and security of election information and data would improve the ability of INEC to effectively discharge its constitutional and statutory dutiesโ.
SERAP said: โThis would also help to remove risks of attack and unlawful interference by any unauthorised person with election information and dataโ.
According to SERAP, โWidely publishing the details of safeguards and mechanisms of election information and data would also contribute to improving the sanctity and integrity of the electoral process, and public trust and confidence in the processโ.
The letter, read in part: โPutting in place adequate technological security measures to prevent unauthorized access to election information and data would improve the credibility of the electoral process and the enjoyment of peopleโs right to participate in their own government.
โAs an institution, which collects, controls and uses election-related information and data in the discharge of its constitutional and statutory duties, INEC has a legal responsibility to ensure adequate protection of such information and data from threats and vulnerabilities to attack or interference.
โAny interference by unauthorised third party in election information and data may be used for corrupt, political and other unlawful purposes, and would expose election systems to fraud and meddling, as well undermine the right to participation and the countryโs democratic system.
โThe right of people to participate in their government is a fundamental feature of any democratic society, and any infringement of privacy and security of election information and data would strike at the heart of representative government.
โWe would be grateful if the recommended measures are taken within 7 days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall consider appropriate legal actions to compel INEC to comply with our request in the public interest.
โSERAP notes that voter registration systems and voting systems are the most vulnerable and susceptible to manipulation by corrupt politicians and other actors.
โAs the experiences in other countries have shown, election information is often susceptible to unlawful interference by corrupt politicians and other actors, which can be damaging to the integrity of the electoral process and democratic practices.
โThe experiences of other countries demonstrate the need for INEC to take effective and transparent measures to ensure and protect the privacy and security of election information and data, which would protect the integrity of the countryโs democracy.
โAny privacy or security weakness in any component of any of the election systems can be easily exploited to cast doubt on the integrity of the electoral process.
โOur requests are brought in the public interest, and in keeping with the requirements of the Nigerian Constitution 1999 [as amended], the Electoral Act, the Freedom of Information Act, and the countryโs international obligations including under the African Charter on Human and Peoplesโ Rights, and the African Charter on Democracy, Elections, and Governance.
โSERAP notes that Section 9(2)(a) of the Electoral Act 2022 provides that INEC โshall keep the Register of Voters in its National Headquarters and other locations as the Commission may determine.โ The provision also states that INEC โshall keep the Register of Voters in electronic format in its central database.โ
โSection 153 of the Act defines โelectronic formatโ to include โthe electronic version of the Register of Voters or National Electronic Register of Election Results, as the case may be, created, recorded, transmitted or stored in digital form or in other intangible forms by electronic, magnetic or optical means or by any other means.โ
The organisation said: โSection 37 of the Nigerian Constitution, article 17 of the International Covenant on Civil and Political Rights, and article 5 of the African Charter on Human and Peoplesโ Rights protect against arbitrary or unlawful interference with oneโs privacy.
โInterference with the privacy of election information and data would clearly undermine the security of any such information and data. Similarly, Article 9 (1) of the African Charter provides that, โEvery individual shall have the right to receive information.
โArticle 2(10) of the African Charter on Democracy, Elections, and Governance requires states parties including Nigeria to โpromote the establishment of the necessary conditions to foster citizen participation, transparency, access to information, and accountability in the management of public affairsโ.
