Section 50
Conduct of poll by open secret ballot(1) Voting at an election under this Act shall be by open secret ballot.
(2) Subject to section 63 of this Act, voting at an election and transmission of results under this Act shall be in accordance with the procedure determined by the Commission.
(3) A voter on receiving a ballot paper shall mark it in the manner prescribed by the Commission.
(4) All ballots at an election under this Act at any polling station shall be deposited in the ballot box in the open view of the public.
This section indicates the mode of voting in elections in Nigeria, which is open secret ballot. Here, accreditation of the voter and issue of ballot paper is done openly, but the voter’s choice is anonymous – done privately and outside the view of the public. The same ballot according to 50 (4) must be deposited in the ballot box in open view, which would be eventually emptied and counted. Voters are not allowed to take photos of their ballots.
Section 50(2) however goes further to indicate that the exact mode of voting and transmission of results shall be dependent on INEC’s discretion. This gives legal backing for INEC to deploy technology in the voting and results transmission process.
Section 52 (2) of the originally enacted 2010 Act expressly prohibited electronic voting. In 2015, it was amended to allow INEC discretion for determining voting procedure, but this did not include mode of transmission. The wording of section 50 (2) of the 2022 Act expands INEC’s discretion, making the use of electronic voting machines a possible option. It should be noted that this provision does not dispense with the use of paper ballot.
On voting at an election and transmission of results
APC V LABOUR PARTY & 42 ORS (Appeal No. CA/LAG/CV/332/2023) (Unreported)
INEC is not mandatorily required to electronically transmit election results under the Electoral Act and INEC Regulations and Guidelines for the Conduct of Elections
On open secret ballot
SHUAIBU V. MUAZU (2014) 8 NWLR (PT. 1409) 207 at 292, Para CThe essence of casting secret ballot is that the candidate for whom a voter or selector cast his votes remains unknown to others and a well-guarded secret of the voter, who cannot be compelled to disclose his choice.
Paragraph 30 of INEC Regulations & Guidelines for the Conduct of Elections 2022:
Telephones and other electronic devices capable of taking pictures are not allowed in voting cubicles. Voters may come to the Polling Unit with telephones and other electronic devices provided that they do not take them to the voting cubicles or take pictures of other voters while they are voting.
