The Chairman of the Independent National Electoral Commission (INEC), Prof. Joash Amupitan (SAN), has warned members of the 2027 Election Petition Tribunals against the dangers of digitally manipulated evidence, urging judicial officers to strengthen their capacity to identify, authenticate and evaluate electronic materials presented during election disputes.
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Amupitan warned that malicious actors could exploit emerging technologies, particularly artificial intelligence, to manipulate electoral information, mislead voters, disrupt elections and undermine public confidence in electoral outcomes.
The INEC chairman gave the warning on Monday in Abuja while delivering the opening address at a three-day workshop for Justices of the Court of Appeal and members of the Election Petition Tribunals ahead of the 2027 general elections.
Speaking on the theme, “Election Tribunal as a Tool for Political Stability,” Amupitan identified AI-generated audio messages impersonating electoral officials, fabricated videos of political candidates and cloned declarations of election results as emerging threats capable of causing confusion and civil unrest during elections.
He explained that individuals seeking to manipulate the electoral process could circulate false directives claiming that polling units had been relocated or cancelled in particular locations to discourage voters from participating in elections.
According to him, deepfake audio recordings and videos could also be released shortly before elections, particularly during statutory campaign blackout periods, to falsely portray candidates or electoral officials as making admissions of wrongdoing.
He further warned that fabricated videos showing returning officers announcing false election results in contested constituencies could be circulated to provoke unrest before the completion of official collation.
Amupitan said these developments presented serious challenges for election tribunals, which could increasingly be confronted with fabricated digital materials presented as authentic evidence.
He noted that the reverse could also occur, with genuine audio recordings and videos wrongly dismissed as artificial intelligence-generated content.
The INEC chairman consequently urged judicial officers to adopt rigorous standards when evaluating electronic evidence, particularly concerning its authenticity, admissibility and evidential value.
He specifically called for the strict application of Section 84 of the Evidence Act, stressing the importance of establishing the digital provenance of electronic records, maintaining a credible forensic chain of custody and authenticating documents and other materials obtained from INEC.
According to him, reliance on certified electoral data and credible forensic procedures would help prevent manipulated electronic materials from misleading election tribunals and influencing judicial decisions.
Amupitan also emphasised the constitutional importance of the judiciary in maintaining political stability, explaining that while INEC conducts elections, the courts provide the legal mechanism for resolving disputes arising from the electoral process.
He maintained that the credibility of elections should not be measured solely by the conduct of voting and declaration of results but also by public confidence in the fairness, independence and effectiveness of the judicial process for addressing electoral grievances.
The chairman described election tribunals as important constitutional institutions for resolving political disagreements peacefully, holding electoral authorities accountable and preventing electoral disputes from degenerating into violence.
He cited Section 285 of the 1999 Constitution, as amended, and Section 134(1) of the Electoral Act 2026 as part of the legal framework governing the resolution of electoral disputes through judicial proceedings.
Amupitan, however, cautioned that delays in determining election petitions, inconsistent judicial decisions and excessive reliance on technicalities could weaken public confidence in the judiciary and threaten political stability.
He therefore called for consistency in the interpretation and application of electoral laws, particularly on substantial compliance, the burden and standard of proof, candidate nomination and the consequences of established electoral non-compliance.
The INEC chairman identified Section 60(3) of the Electoral Act 2026 as particularly important, noting that it addresses electronic transmission of polling-unit results and the legal implications of communication failures.
He explained that the electoral regulations and guidelines also provide for the use of the Bimodal Voter Accreditation System (BVAS), electronic transmission and uploading of polling-unit results to the INEC Result Viewing Portal (IReV), and the reconciliation of electronic records with physical result sheets during collation.
Amupitan acknowledged that the increasing deployment of technology in Nigeria’s electoral process had introduced new legal questions concerning the authenticity, admissibility and evidential value of electronic records.
He maintained that technological systems should neither be considered infallible nor should evidence generated through such systems be rejected merely because it was electronic.
The chairman assured the judiciary that INEC would maintain reliable documentation, preserve electoral materials and facilitate lawful access to relevant records and explanations through appropriate judicial procedures.
He also stressed that engagement between the Commission and the judiciary must remain within constitutional boundaries and should never be used to influence judicial decisions or discuss the merits of pending cases.
Amupitan explained that the workshop was designed to deepen participants’ understanding of the Electoral Act 2026, electronic evidence and the relationship between BVAS, IReV and physical result sheets.
The training would also address jurisdictional boundaries between pre-election and post-election disputes, as well as the application of statutory timelines without compromising the constitutional right to a fair hearing.
The INEC chairman maintained that strengthening judicial capacity to address emerging technological challenges would be essential to the credible resolution of election petitions and the preservation of public confidence in the 2027 electoral process.
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